Eng
Official translation
Last modification: 03.06.21 19:19:58

LAND CODE OF UKRAINE

(The Official Bulletin of the Verkhovna Rada of Ukraine (BVR), 2002, Nos. 3–4, Article 27)

{As amended by Laws
No. 2905-III of 20.12.2001, BVR, 2002, Nos. 12–13, Article 92
No. 675-IV of 03.04.2003, BVR, 2003, No. 28, Article 213
No. 762-IV of 15.05.2003, BVR, 2003, No. 30, Article 247
No. 898-IV of 05.06.2003, BVR, 2003, No. 38, Article 313 – shall come into force since 01.01.2004
No. 1103-IV of 10.07.2003, BVR, 2004, No. 7, Article 48
No. 1119-IV of 11.07.2003, BVR, 2004, No. 7, Article 57
No. 1158-IV of 11.09.2003, BVR, 2004, No. 8, Article 67}

{Also refer to Law No. 1344-IV of 27.11.2003, BVR, 2004, No. 17–18, Article 250}

{As amended by Laws
No. 1626-IV of 18.03.2004, BVR, 2004, No. 26, Article 361
No. 1694-IV of 20.04.2004, BVR, 2005, No. 4, Article 83
No. 1709-IV of 12.05.2004, BVR, 2004, No. 35, Article 416
No. 2059-IV of 06.10.2004, BVR, 2005, No. 2, Article 25
No. 2229-IV of 14.12.2004, BVR, 2005, No. 4, Article 103}

{On certain provisions recognised as unconstitutional, see Decision of the Constitutional Court No. 5-rp/2005 of 22.09.2005}

{As amended by Laws
No. 3235-IV of 20.12.2005, BVR, 2006, No. 9, No. 10-11, Article 96 – amendments effective in 2006
No. 3415-IV of 09.02.2006, BVR, 2006, No. 26, Article 209
No. 3404-IV of 08.02.2006, BVR, 2006, No. 21, Article 170
No. 489-V of 19.12.2006, BVR, 2007, Nos. 7–8, Article 66
No. 490-V of 19.12.2006, BVR, 2007, No. 9, Article 78
No. 997-V of 27.04.2007, BVR, 2007, No. 33, Article 440
No. 107-VI of 28.12.2007, BVR, 2008, Nos. 5–6, Nos. 7–8, Article 78 – amendments effective until 31 December 2008}

{Also refer to Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008}

{As amended by Laws
No. 309-VI of 03.06.2008, BVR, 2008, Nos. 27–28, Article 253
No. 509-VI of 16.09.2008, BVR, 2008, No. 48, Article 358
No. 800-VI of 25.12.2008, BVR, 2009, No. 19, Article 257
No. 875-VI of 15.01.2009, BVR, 2009, No. 23, Article 282
No. 1066-VI of 05.03.2009, BVR, 2009, No. 29, Article 396
No. 1442-VI of 04.06.2009, BVR, 2009, No. 42, Article 633
No. 1443-VI of 04.06.2009, BVR, 2009, No. 47-48, Article 719
No. 1474-VI of 05.06.2009, BVR, 2009, No. 44, Article 656 – amendments effective until 1 September 2012
No. 1559-VI of 17.11.2009, BVR, 2010, No. 1, Article 2
No. 1561-VI of 25.06.2009, BVR, 2009, No. 51, Article 755
No. 1702-VI of 05.11.2009, BVR, 2010, No. 5, Article 40
No. 1704-VI of 05.11.2009, BVR, 2010, No. 5, Article 41
No. 1708-VI of 05.11.2009, BVR, 2010, No. 5, Article 44
No. 1783-VI of 19.01.2010, BVR, 2010, No. 9, Article 86
No. 1878-VI of 11.02.2010, BVR, 2010, No. 18, Article 141}

{For an official interpretation of the Code, see Decision of the Constitutional Court No. 10-rp/2010 of 01.04.2010}

{As amended by Laws
No. 2154-VI of 27.04.2010, BVR, 2010, Nos. 22–23, Nos. 24–25, Article 263 – amendments effective in 2010
No. 2182-VI of 13.05.2010, BVR, 2010, No. 31, Article 419
No. 2367-VI of 29.06.2010, BVR, 2010, No. 34, Article 486
No. 2404-VI of 01.07.2010, BVR, 2010, No. 40, Article 524
No. 2457-VI of 08.07.2010, BVR, 2010, No. 48, Article 564
No. 2471-VI of 08.07.2010, BVR, 2010, No. 49, Article 569
No. 2480-VI of 09.07.2010, BVR, 2011, No. 1, Article 1
No. 2518-VI of 09.09.2010, BVR, 2011, No. 4, Article 22}

{Also refer to Decision of the Constitutional Court No. 22-rp/2010 of 30.11.2010}

{As amended by Laws
No. 2740-VI of 02.12.2010, BVR, 2011, No. 18, Article 122
No. 2850-VI of 22.12.2010, BVR, 2011, No. 28, Article 252
No. 2856-VI of 23.12.2010, BVR, 2011, No. 29, Article 272
No. 2880-VI of 23.12.2010, BVR, 2011, No. 30, Article 275
No. 2949-VI of 14.01.2011, BVR, 2011, No. 32, Article 318
No. 3123-VI of 03.03.2011, BVR, 2011, No. 37, Article 376
No. 3205-VI of 07.04.2011, BVR, 2011, No. 41, Article 413
No. 3521-VI of 16.06.2011, BVR, 2012, No. 4, Article 16
No. 3523-VI of 16.06.2011, BVR, 2012, No. 4, Article 18
No. 3613-VI of 07.07.2011, BVR, 2012, No. 8, Article 61
No. 3687-VI of 08.07.2011, BVR, 2012, No. 18, Article 157
No. 4174-VI of 20.12.2011, BVR, 2012, No. 29, Article 338
No. 4188-VI of 20.12.2011, BVR, 2012, No. 29, Article 341
No. 4215-VI of 22.12.2011, BVR, 2012, No. 31, Article 382
No. 4226-VI of 22.12.2011, BVR, 2012, No. 37, Article 444
No. 4442-VI of 23.02.2012, BVR, 2012, No. 49, Article 553
No. 4444-VI of 23.02.2012, BVR, 2012, No. 49, Article 555
No. 4539-VI of 15.03.2012, BVR, 2012, No. 51, Article 573
No. 4709-VI of 17.05.2012, BVR, 2013, No. 7, Article 65
No. 5003-VI of 21.06.2012, BVR, 2013, No. 19-20, Article 189
No. 5018-VI of 21.06.2012, BVR, 2013, No. 22, Article 212
No. 5059-VI of 05.07.2012, BVR, 2013, No. 25, Article 251
No. 5070-VI of 05.07.2012, BVR, 2013, No. 28, Article 303
No. 5077-VI of 05.07.2012, BVR, 2013, No. 28, Article 305
No. 5245-VI of 06.09.2012, BVR, 2013, No. 36, Article 472
No. 5293-VI of 18.09.2012, BVR, 2013, No. 43, Article 616
No. 5394-VI of 02.10.2012, BVR, 2013, No. 40, Article 534
No. 5395-VI of 02.10.2012, BVR, 2013, No. 40, Article 535
No. 5406-VI of 02.10.2012, BVR, 2013, No. 41, Article 551
No. 5462-VI of 16.10.2012, BVR, 2014, No. 6-7, Article 80
No. 5494-VI of 20.11.2012, BVR, 2014, No. 1, Article 3
No. 5496-VI of 20.11.2012, BVR, 2014, No. 1, Article 4
No. 365-VII of 02.07.2013, BVR, 2014, No. 14, Article 248
No. 366-VII of 02.07.2013, BVR, 2014, No. 17, Article 587
No. 402-VII of 04.07.2013, BVR, 2014, No. 20-21, Article 708
No. 406-VII of 04.07.2013, BVR, 2014, No. 20-21, Article 712
No. 639-VII of 10.10.2013, BVR, 2014, No. 22, Article 770
No. 661-VII of 24.10.2013, BVR, 2014, No. 22, Article 780
No. 1223-VII of 17.04.2014, BVR, 2014, No. 26, Article 896
No. 1507-VII of 17.06.2014, BVR, 2014, No. 31, Article 1060
No. 1556-VII of 01.07.2014, BVR, 2014, No. 37-38, Article 2004
No. 180-VIII of 11.02.2015, BVR, 2015, No. 16, Article 108
No. 191-VIII of 12.02.2015, BVR, 2015, No. 21, Article 133
No. 222-VIII of 02.03.2015, BVR, 2015, No. 23, Article 158
No. 388-VIII of 12.05.2015, BVR, 2015, No. 28, Article 249
No. 417-VIII of 14.05.2015, BVR, 2015, No. 29, Article 262
No. 418-VIII of 14.05.2015, BVR, 2015, No. 26, Article 224
No. 497-VIII of 02.06.2015, BVR, 2015, No. 31, Article 293
No. 767-VIII of 10.11.2015, BVR, 2015, No. 52, Article 483
No. 818-VIII of 24.11.2015, BVR, 2016, No. 2, Article 16
No. 862-VIII of 08.12.2015, BVR, 2016, No. 3, Article 26
No. 888-VIII of 10.12.2015, BVR, 2016, No. 3, Article 30
No. 1012-VIII of 18.02.2016, BVR, 2016, No. 16, Article 160
No. 1404-VIII of 02.06.2016, BVR, 2016, No. 30, Article 542
No. 1472-VIII of 14.07.2016, BVR, 2016, No. 34, Article 592
No. 1532-VIII of 20.09.2016, BVR, 2016, No. 44, Article 746
No. 1533-VIII of 20.09.2016, BVR, 2016, No. 44, Article 747
No. 1669-VIII of 06.10.2016, BVR, 2016, No. 47, Article 801
No. 1774-VIII of 06.12.2016, BVR, 2017, No. 2, Article 25
No. 1923-VIII of 14.03.2017, BVR, 2017, No. 17, Article 203
No. 1983-VIII of 23.03.2017, BVR, 2017, No. 25, Article 289
No. 2059-VIII of 23.05.2017, BVR, 2017, No. 29, Article 315
No. 2145-VIII of 05.09.2017, BVR, 2017, No. 38-39, Article 380
No. 2236-VIII of 07.12.2017, BVR, 2018, No. 5, Article 36
No. 2269-VIII of 18.01.2018, BVR, 2018, No. 12, Article 68
No. 2314-VIII of 01.03.2018, BVR, 2018, No. 15, Article 121
No. 2354-VIII of 20.03.2018, BVR, 2018, No. 16, Article 138
No. 2498-VIII of 10.07.2018, BVR, 2018, No. 37, Article 277
No. 2581-VIII of 02.10.2018, BVR, 2018, No. 46, Article 371
No. 2628-VIII of 23.11.2018, BVR, 2018, No. 49, Article 399
No. 2666-VIII of 20.12.2018, BVR, 2019, No. 7, Article 42
No. 2745-VIII of 06.06.2019, BVR, 2019, No. 30, Article 119
No. 124-IX of 20.09.2019, BVR, 2019, No. 46, Article 295
No. 132-IX of 20.09.2019, BVR, 2019, No. 46, Article 299
No. 155-IX of 03.10.2019, BVR, 2019, No. 48, Article 325 – regarding the enactment of the specified Law, refer to Clause 1
No. 232-IX of 29.10.2019, BVR, 2019, No. 51, Article 379
No. 233-IX of 29.10.2019, BVR, 2019, No. 51, Article 380
No. 264-IX of 31.10.2019, BVR, 2020, No. 2, Article 6
No. 329-IX of 04.12.2019, BVR, 2020, No. 13, Article 67
No. 340-IX of 05.12.2019, BVR, 2020, No. 12, Article 66
No. 402-IX of 19.12.2019, BVR, 2020, No. 20, Article 141
No. 440-IX of 14.01.2020, BVR, 2020, No. 28, Article 188
No. 554-IX of 13.04.2020, BVR, 2020, No. 37, Article 277 – shall be enacted since 1 January 2021
No. 1116-IX of 17.12.2020
No. 1259-IX of 19.02.2021 – shall be enacted since 17.06.2021}

{In the text of the Law, the words “authorised fund” in all cases and numbers have been replaced with the words “authorised capital” in the corresponding case and number under Law No. 2850-VI of 22.12.2010}

{In the text of the Code, the words “administrative and territorial entity” in all cases and numbers have been replaced with the words “administrative and territorial unit” in the corresponding case and number under Law No. 3613-VI of 07.07.2011}

Section I
GENERAL PART

Chapter 1
Basic provisions

Article 1. Land is a national wealth

1. Land is the fundamental national wealth that is under special state protection.

2. The ownership of land is guaranteed.

3. The use of ownership of land shall not cause harm to the rights, freedoms and dignity of citizens, the interests of society, aggravate the ecological situation and the natural qualities of land.

Article 2. Land relations

1. Land relations shall mean public relations concerning the possession, use and disposal of land.

2. Citizens, legal entities, local governments and state authorities shall be the subjects of land relations.

3. Land within the territory of Ukraine, land plots and land shares shall be the objects of land relations.

Article 3. Regulation of land relations

1. Land relations shall be regulated by the Constitution of Ukraine, this Code, as well as duly adopted regulatory acts.

2. Land relations arising from the use of subsoil, forests, water bodies, as well as flora and fauna, atmospheric air shall be regulated by this Code and by the regulatory acts on subsoil, forests, water bodies, flora and fauna, atmospheric air unless otherwise provided by this Code.

Article 4. Land legislation and its objectives

1. Land legislation shall include this Code and other regulatory acts in the field of land relations.

2. Objective of the land legislation is to regulate land relations to ensure that the citizens, legal entities, territorial communities and the state have the land right, whereby the land is rationally used and protected.

Article 5. Basic principles of land legislation

Land legislation is based on the following principles:

a) combining the particularities of using land as a territorial base, a natural resource and a fundamental means of production;

b) ensuring equal rights to ownership of land for citizens, legal entities, territorial communities, and the state;

c) preventing interference by the state in activities of citizens, legal entities and territorial communities with regard to the possession, use, and disposal of land, except in cases provided for by law;

d) ensuring the rational use and protection of land;

e) providing the guarantees of land rights;

f) ensuring the priority of environmental safety requirements.

Chapter 2
Powers of the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea and local governments in the field of land relations

Article 6. Powers of the Verkhovna Rada of Ukraine in the field of land relations

The powers of the Verkhovna Rada of Ukraine in the field of land relations shall be as follows:

a) adoption of laws in the field of land relations regulation;

b) determination of the principles of state policy in the field of land use and protection;

c) approval of national programmes for land use and protection;

d) establishing and changing the boundaries of raions and cities;

e) coordination of issues related to the change of purpose of especially valuable state-owned and municipal property lands, termination of the permanent use right under this Code;

{Clause “e” of Article 6 as revised by Law No. 5245-VI of 06.09.2012}

f) addressing other issues in the field of land relations under the Constitution of Ukraine.

Article 7. Powers of the Verkhovna Rada of the Autonomous Republic of Crimea in the field of land relations

The powers of the Verkhovna Rada of the Autonomous Republic of Crimea in the field of land relations in the territory of the Republic shall be as follows:

a) disposal of lands jointly owned by territorial communities;

b) ensuring the implementation of state policy in the field of land use and protection;

c) coordination of national programmes of land use and protection, participation in their implementation within the territory of the Autonomous Republic of Crimea;

d) approval and participation in the implementation of national programmes pertaining to land use, soil fertility, land protection;

{Clause “e” of Article 7 has been deleted under Law No. 509-VI of 16.09.2008}

f) coordination of activities of raion and city (cities of national importance) councils in the field of land relations;

g) coordination of activities of local land resources bodies;

h) coordination of control over land use and protection;

{Clause “i” of Article 7 has been deleted under Law No. 1923-VIII of 14.03.2017}

j) establishment and change of boundaries of villages, settlements that are not part of the relevant raion;

{Clause “j” of Article 7 as revised by Law No. 5003-VI of 21.06.2012}

k) addressing other issues in the field of land relations under the law.

Article 8. Oblast councils' powers in the field of land relations

The oblast councils' powers in the field of land relations within the oblast territory shall be as follows:

a) disposal of lands jointly owned by territorial communities;

{Clause “b” of Article 8 has been deleted under Law No. 509-VI of 16.09.2008}

c) ensuring the implementation of state policy in the field of land use and protection;

d) approval of national programmes of land use and protection, participation in their implementation within the relevant territory;

e) approval and participation in the implementation of regional programmes of land use, increasing soil fertility, land protection;

f) coordination of activities of local land resources bodies;

g) organisation of land engineering;

{Clause “h” of Article 8 has been deleted under Law No. 1923-VIII of 14.03.2017}

i) establishment and change of boundaries of villages, settlements that are not part of the relevant raion or if the raion council has not been formed;

{Clause “i” of Article 8 as revised by Law No. 5003-VI of 21.06.2012}

j) settlement of land disputes;

k) addressing other issues in the field of land relations under the law.

Article 9. Powers of Kyiv and Sevastopol city councils in the field of land relations

The powers of Kyiv and Sevastopol city councils in the field of land relations on their territory shall be as follows:

a) disposal of land pertaining to the city territorial community;

b) transfer of municipal land plots to the ownership of citizens and legal entities under this Code;

c) provision of the right to use the land plots pertaining to municipal land under this Code;

d) withdrawal of land plots pertaining to municipal land in the manner prescribed by this Code;

e) redemption of land plots for public needs of the city;

f) termination of the right to use land plots in the cases provided for by this Code;

g) approval of a decision on the release of illegally occupied land plots;

h) preparation of conclusions on withdrawal (redemption) and provision of state-owned land plots, carried out by executive authorities;

i) establishment and change of borders of villages, settlements, districts in the cities;

j) organisation of land engineering;

k) coordination of activities of local land resources bodies;

l) control over the use and protection of municipal lands, compliance with land and environmental legislation;

m) restriction, temporary prohibition (suspension) or termination of land use by citizens and legal entities in case of violation of the land legislation requirements;

n) informing the population about the provision, withdrawal (redemption) of land;

{Clause “o” of Article 9 has been deleted under Law No. 1923-VIII of 14.03.2017}

p) settlement of land disputes;

q) addressing other issues in the field of land relations under the law.

Article 10. Powers of raion councils in the field of land relations

The powers of raion councils in the field of land relations within the raion territory shall be as follows:

a) disposal of lands on the right of joint ownership of respective territorial communities;

{Clause “b” of Article 10 has been deleted under Law No. 509-VI of 16.09.2008}

c) coordination of activities of local land resource bodies;

d) ensuring the implementation of state policy in the field of land protection and use;

e) organisation of land engineering and approval of land-survey projects;

{Clause “f” of Article 10 has been deleted under Law No. 1923-VIII of 14.03.2017}

g) settlement of land disputes;

g-1) establishment and change of borders of villages and settlements pertaining to the corresponding raion;

{Article 10 has been supplemented with clause “g-1” under Law No. 5003-VI of 21.06.2012}

g) addressing other issues in the field of land relations under the law.

Article 11. Powers of district city councils in the field of land relations

The powers of district city councils in the field of land relations shall be determined by city councils.

Article 12. Powers of village, settlement, city councils and their executive bodies in the field of land relations

{Title of Article 12 as amended by Law No. 888-VIII of 10.12.2015}

The powers of village, settlement, city councils in the field of land relations in the territory of villages, settlements, and cities shall be as follows:

a) disposal of land pertaining to the territorial communities;

{For an official interpretation of a provision of clause “a” of Article 12, refer to Constitutional Court Judgment No. 10-rp/2010 of 01.04.2010}

b) transfer of municipal land plots to the ownership of citizens and legal entities under this Code;

{For an official interpretation of a provision of clause “b” of Article 12, refer to Constitutional Court Judgment No. 10-rp/2010 of 01.04.2010}

c) provision of the right to use the land plots pertaining to municipal land under this Code;

{For an official interpretation of a provision of clause “c” of Article 12, refer to Constitutional Court Judgment No. 10-rp/2010 of 01.04.2010}

d) withdrawal of land plots from municipal lands in accordance with this Code;

{For an official interpretation of a provision of clause “d” of Article 12, refer to Constitutional Court Judgment No. 10-rp/2010 of 01.04.2010}

e) redemption of land plots for public needs of the respective territorial communities of villages, settlements, cities;

f) organisation of land engineering;

g) coordination of activities of local land resources bodies;

h) control over the use and protection of municipal lands, compliance with land and environmental legislation;

i) restriction, temporary prohibition (suspension) of land use by citizens and legal entities in case of violation of the land legislation requirements;

j) preparation of conclusions on withdrawal (redemption) and provision of land plots under this Code;

k) establishment and change of boundaries of city districts with the district division;

l) informing the population about withdrawal (redemption) and provision of land plots;

m) making proposals to a raion council on the establishment and change of boundaries of villages, settlements, cities;

n) settlement of land disputes;

o) addressing other issues in the field of land relations under the law.

The powers of the executive authorities of village, settlement, city councils in the field of land relations within the territory of villages, settlements, cities shall be as follows:

1) provision of information from the State Land Cadastre under the law;

2) addressing other issues in the field of land relations under the law.

{Article 12 has been supplemented with part 2 under Law No. 888-VIII of 10.12.2015}

Chapter 3
Powers of executive authorities in the field of land relations

Article 13. Powers of the Cabinet of Ministers of Ukraine in the field of land relations

The powers of the Cabinet of Ministers of Ukraine in the field of land relations shall be as follows:

a) disposal of state-owned lands within the scope under this Code;

b) implementation of state policy in the field of land use and protection;

c) redemption of land plots for public needs in the manner prescribed by law;

{Clause “c” of part 1 of Article 13 as amended by Law No. 1559-VI of 17.11.2009}

d) coordination of land reform;

e) development and implementation of national land use and protection programmes;

f) organisation of the maintenance of state land cadastre, exercising state control over land use and protection, as well as carrying out land engineering;

g) establishment of the land monitoring procedure;

g-1) making proposals to the Verkhovna Rada of Ukraine on establishing and changing the boundaries of raions and cities;

{Part 1 of Article 13 has been supplemented with clause “g-1” under Law No. 1923-VIII of 14.03.2017}

g) addressing other issues in the field of land relations under the law.

Article 14. Powers of the central executive authority shaping state policies in the field of environmental protection and in the sphere of land relations

The powers of the central executive authority shaping state policies in the field of environmental protection and in the sphere of land relations shall be as follows:

a) participation in the development of national and regional land use and protection programmes;

b) participation in the shaping of state policies in the sphere of protection and rational use of land;

c) organisation of land monitoring;

d) addressing other issues in the field of land relations under the law.

{Article 14 as revised by Law No. 5462-VI of 16.10.2012}

Article 14-1. Powers of the central executive authority implementing state policies in the field of environmental protection and in the sphere of land relations

The powers of the central executive authority implementing state policies in the field of environmental protection and in the sphere of land relations shall be as follows:

a) participation in the implementation of national and regional land use and protection programmes;

b) participation in the development of draft regulatory acts in the sphere of land protection and restoration of soil fertility;

c) coordination and ensuring the implementation of environmental impact assessment;

{Clause “c” of part 1 of Article 14-1 as revised by Law No. 2059-VIII of 23.05.2017}

d) making proposals for the shaping of state policies in the field of protection and rational use of land;

e) implementation of international cooperation on land protection;

f) addressing other issues in the field of land relations under the law.

{The Code has been supplemented with Article 14-1 under Law No. 5462-VI of 16.10.2012}

Article 14-2. Powers of the central executive authority, implementing state policies on state supervision (oversight) in the field of environmental protection, rational use, restoration and protection of natural resources, as well as in the sphere of land relations

The competence of the central executive authority, implementing state policies on state supervision (oversight) in the field of environmental protection, rational use, restoration and protection of natural resources, as well as in the sphere of land relations shall include state control over compliance by the executive authorities and local governments, enterprises, institutions, organisations of all ownership forms, citizens of Ukraine, foreign nationals and stateless persons, as well as foreign legal entities with the legal requirements on land use and protection regarding:

conservation of degraded and unproductive lands;

preservation of wetlands;

compliance with environmental requirements for the ownership, use, and lease of land plots;

taking measures to prevent land contamination with chemical and radioactive substances, waste, sewage water;

observance of the regime for the use of lands of nature reserve fund and other nature protection purpose;

compliance with environmental regulations on land use and protection;

establishment and use of water protection zones and shoreline protection belts, as well as compliance with the regime of use of their territories;

addressing other issues determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine.

{The Code has been supplemented with Article 14-2 under Law No. 5462-VI of 16.10.2012}

Article 15. Powers of the central executive authority shaping state policies in the field of land relations

The powers of the central executive authority shaping state policies in the field of land relations shall be as follows:

a) ensuring the regulatory and legal support in the field of land relations;

b) implementation of the land reform;

c) development and implementation of national, regional land use and protection programmes;

d) ensuring the implementation of land engineering, land monitoring and state control over land use and protection;

e) ensuring the state examination of land engineering documentation in the cases and in the manner prescribed by law; maintaining and administering the State Land Cadastre, land protection, reforming land relations;

{Clause “e” of part 1 of Article 15 as revised by Law No. 497-VIII of 02.06.2015}

f) development of an economic mechanism for regulating land relations;

g) establishment of measures for the land market development;

h) international cooperation in the field of land relations;

h) addressing other issues determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine.

{Article 15 as amended by Laws No. 309-VI of 03.06.2008, No. 4444-VI of 23.02.2012; as revised by Law No. 5462-VI of 16.10.2012}

{For amendments to Article 15, refer to Laws No. 5245-VI of 06.09.2012, No. 365-VII of 02.07.2013}

Article 15-1. The powers of the central executive authority implementing state policies in the field of land relations

Powers of the central executive authority implementing state policies in the field of land relations shall be as follows:

a) making proposals in a due manner on the disposal of state-owned and municipal lands, establishing the boundaries of oblast, raion, city, city district, village and settlement, regulation of land relations;

b) participating in the development and implementation of state, sectoral, regional and local programmes on the regulation of land relations, rational use of land, its restoration and protection, establishing the boundaries of oblast, raion, city, city district, village and settlement, regarding the land monitoring and land-use planning;

c) organising the works related to the land reform implementation;

d) conducting land monitoring and ensuring land protection under the law;

e) maintaining and administering the State Land Cadastre;

e) participating in state regulation of land-use planning;

{Clause “e” of part 1 of Article 15-1 as amended by Law No. 365-VII of 02.07.2013}

f) conducting a state examination of land-survey documentation;

g) implementing measures to improve the procedure for accounting and reporting on the regulation of land relations, land use and protection, the formation of the ecological network;

g-1) disposal of state-owned lands within the scope under this Code;

{Part 1 of Article 15-1 has been supplemented with clause “g-1” under Law No. 365-VII of 02.07.2013}

g-2) contributing to shaping and implementing state policies in the field of national geospatial data infrastructure;

{Part 1 of Article 15-1 has been supplemented with clause “g-2” under Law No. 554-IX of 13.04.2020 – shall be enacted since 1 January 2021}

h) addressing other issues determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine.

{The Code has been supplemented with Article 15-1 under Law No. 5462-VI of 16.10.2012}

Article 15-2. Powers of the central executive authority implementing state policies in the field of state supervision (oversight) in the agro-industrial complex, as well as in the sphere of land relations

The powers of the central executive authority implementing state policies in the field of state supervision (oversight) in the agro-industrial complex, as well as in the sphere of land relations shall include the organisation and implementation of state supervision (oversight) over compliance with land legislation, use and protection of lands of any and all categories and ownership forms, including in:

maintaining state records and registration of lands, the accuracy of data on the land availability and use;

compliance with the conditions of removal, preservation and use of the fertile soil layer during mining, geological exploration, construction and other works related to soil cover disturbance, timely reclamation of disturbed lands in the amounts specified by the relevant land engineering project;

{Paragraph 3 of part 1 of Article 15-2 as amended by Law No. 497-VIII of 02.06.2015}

compliance with the land legislation requirements when acquiring the ownership right to land plots under contracts of sale, exchange, gift, pledge and other civil law agreements;

compliance by state authorities, local governments, legal entities and individuals with the land legislation requirements and the established procedure for acquiring and exercising the land right;

compliance with the rules, the established mode of operation of anti-erosion, hydraulic structures, preservation of protective plantings and boundary signs;

land engineering, implementation of measures provided for by land engineering projects, in particular regarding compliance by land plots' owners and users with the requirements of land engineering projects;

accommodation, design, construction and commissioning of the facilities that adversely affect or may affect the land condition;

implementation of measures provided for by the relevant land engineering projects regarding protection of lands from water and wind erosion, mudflows, flooding, waterlogging, salination, alkalisation, dehydration, compaction and other processes leading to land degradation, as well as prevention by land plots' owners and users of land damage through its contamination with chemical and radioactive substances and sewage water, littering with industrial, household and other wastes, overgrowing with shrubs, small forests and weeds;

{Paragraph 9 of part 1 of Article 15-2 as amended by Law No. 497-VIII of 02.06.2015}

timely return of temporarily occupied land plots and mandatory implementation of measures to bring them into a condition suitable for their intended use;

compliance with the procedure for determining and compensating for losses of agricultural and forestry production;

use of land plots in accordance with the intended purpose;

compliance with the land legislation requirements by executive authorities and local governments on the transfer of land to ownership and use, including lease, change of purpose, seizure, redemption, sale of land plots or rights thereto on a competitive basis;

addressing other issues determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine.

{The Code has been supplemented with Article 15-2 under Law No. 5462-VI of 16.10.2012}

Article 16. Powers of the Council of Ministers of the Autonomous Republic of Crimea in the field of land relations

The powers of the Council of Ministers of the Autonomous Republic of Crimea in the field of land relations shall be as follows:

a) disposal of state-owned lands within the scope under this Code;

b) participation in the development and implementation of national and republican programmes on land use and protection;

c) coordination of land engineering and state control over land use and protection;

d) preparation of conclusions on the provision or withdrawal (redemption) of land plots;

e) redemption of land plots for public needs in the manner prescribed by law;

{Clause “e” of part 1 of Article 16 as amended by Law No. 1559-VI of 17.11.2009}

f) control over the use of funds received in order to compensate for losses of agricultural and forestry production associated with the withdrawal (redemption) of land plots;

f-1) submission to the Cabinet of Ministers of Ukraine of proposals for the establishment and change of raion and city boundaries;

{Part 1 of Article 16 has been supplemented with clause “f-1” under Law No. 1923-VIII of 14.03.2017}

f) addressing other issues in the field of land relations under the law.

Article 17. Powers of local state administrations in the field of land relations

The powers of local state administrations in the field of land relations shall be as follows:

a) disposal of state-owned lands within the scope under this Code;

b) participation in the development and implementation of national and regional (republican) programmes on land use and protection;

c) coordination of land engineering and state control over land use and protection;

d) preparation of conclusions on the provision or withdrawal (redemption) of land plots;

e) redemption of land plots for public needs within the limits specified by law;

{Clause “e” of part 1 of Article 17 as amended by Law No. 1559-VI of 17.11.2009}

f) preparation of conclusions on the establishment and change of boundaries of villages, settlements, raions, city districts and cities;

g) control over the use of funds received in order to compensate for losses of agricultural and forestry production associated with the withdrawal (redemption) of land plots;

h) coordination of activities of state land resources bodies;

h-1) submission to the Cabinet of Ministers of Ukraine of proposals for the establishment and change of raion and city boundaries in the manner prescribed by law;

{Part 1 of Article 16 has been supplemented with clause “h-1” under Law No. 1923-VIII of 14.03.2017}

i) addressing other issues in the field of land relations under the law.

Article 17-1. Powers of state privatisation bodies in the field of land relations

State privatisation bodies may sell the land plots on which objects to be privatised are located.

{The Code has been supplemented with Article 17-1 under Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008}

Section II
LANDS OF UKRAINE

Chapter 4
Composition and purpose of lands of Ukraine

Article 18. Composition of lands

1. The lands of Ukraine include all lands within its territory, including islands and lands occupied by water bodies, which are divided into categories according to their main purpose.

2. Categories of lands of Ukraine have a special legal regime.

3. Ukraine may have state-owned land plots outside its territory, with their legal regime to be determined by the respective country's legislation.

Article 19. Land categories

1. Lands of Ukraine are divided into the following categories by purpose:

a) agricultural lands;

b) land for residential and public buildings;

c) lands of nature reserve fund and other environmental protection purpose;

d) lands of health-improving purpose;

e) lands of recreational purpose;

f) lands of historical and cultural purpose;

g) forest fund lands;

h) water fund lands;

i) lands of industrial, transportation, communications, power, defence and other purpose.

2. Land plots of each land category, which have not been provided to the ownership or use of citizens or legal entities, may be in reserve.

{Article 19 as amended by Law No. 3404-IV of 08.02.2006}

Article 20. Establishment and change of land plot's purpose

{Title of Article 20 as revised by Law No. 5395-VI of 02.10.2012}

1. Categorisation of lands shall be carried out based on decisions of the state authorities, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea and local governments in accordance with their powers.

The change of land plot purpose shall be carried out according to land management projects regarding their allocation.

{Part 1 of Article 20 has been supplemented with paragraph 2 under Law No. 5395-VI of 02.10.2012}

{Part 1 of Article 20 as revised by Law No. 3123-VI of 03.03.2011}

2. The purpose of land plots of state or municipal ownership shall be changed by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive authorities or local governments that decide on approval of land engineering projects on allocation of land plots and transferring them to ownership or use in accordance with the powers specified in Article 122 of this Code.

{Part 2 of Article 20 as revised by Law No. 5395-VI of 02.10.2012}

3. Change of purpose of privately owned land plots shall be carried out at the initiative of land plots' owners.

The change of purpose of privately owned land plots shall be carried out:

by the village, settlement, city council in respect of land plots located within a settlement;

by the raion state administration in respect of land plots located outside settlements; and by the Council of Ministers of the Autonomous Republic of Crimea, regional state administration in respect of land plots located outside settlements not included in the raion territory, or in case the raion state administration is not formed.

The land engineering project for the allocation of a private land plot, the purpose of which is changed, shall be developed at the land owner's request without the permission of the Council of Ministers of the Autonomous Republic of Crimea, the executive authority or the local government to develop it.

The land engineering project for land plot allocation shall be developed in the manner prescribed by the law.

The land management project for land plot allocation shall be approved in accordance with the procedure established by Article 186-1 of this Code.

The Council of Ministers of the Autonomous Republic of Crimea, an executive authority or a local government shall, within one month from the date of receipt of the land engineering project approved in accordance with Article 186-1 of this Code, decide on the approval of the land engineering project for land plot allocation and the change of its purpose.

The refusal of the Council of Ministers of the Autonomous Republic of Crimea, an executive authority or a local government to change the purpose of a land plot or a dismissal of the petition may be appealed in court.

{Part 3 of Article 20 as revised by Law No. 5395-VI of 02.10.2012}

{Part 4 of Article 20 has been deleted under Law No. 5395-VI of 02.10.2012}

{For amendments to part 4 of Article 20 refer to Laws No. 5462-VI of 16.10.2012, No. 365-VII of 02.07.2013}

5. Types of a land plot use within a certain land category (except for agricultural lands and lands of defence purpose) shall be determined by its owner or user independently within the requirements established by law for the use of land of this category, taking into account urban planning documentation and land engineering documentation.

Agricultural land plots shall be used by their owners or users exclusively within the requirements for a certain type of land use, established by Articles 31, 33-37 of this Code.

Land plots of defence purpose shall be used exclusively under the Law of Ukraine “On Use of Defence Lands”.

{Article 20 has been supplemented with part 5 under Law No. 1702-VI of 05.11.2009}

6. Change of especially valuable land's purpose shall be allowed only for allocation on them of objects of national importance, roads, power transmission and communication lines, pipelines, drainage and irrigation canals, geodetic points, housing, objects of social and cultural purpose, facilities related to minerals extraction, oil and gas wells and production facilities related to their operation, as well as in the case of alienation of land plots for public needs or for reasons of public necessity, the allocation of lands referred to in paragraphs “a” and “b” of part 1 of Article 150 of this Code, to lands of nature reserve fund and other nature protection purpose, lands of historical and cultural purpose.

Assignment of especially valuable state or municipal lands, defined in clauses “a” and “b” of part 1 of Article 150 of this Code, to other land categories shall be carried out in coordination with the Verkhovna Rada of Ukraine.

The materials for the location of the object, which is supposed to be placed on the land plot of especially valuable state or municipal land with the change of its purpose, shall be approved in coordination with the Verkhovna Rada of Ukraine under Article 151 of this Code.

{Article 20 has been supplemented with part 6 under Law No. 5245-VI of 06.09.2012}

7. Change of purpose of land plots of nature reserve fund and other nature protection, historical and cultural purpose, forest fund lands, which are in state or municipal ownership, shall be carried out in coordination with the Cabinet of Ministers of Ukraine.

{Article 20 has been supplemented with part 7 under Law No. 5245-VI of 06.09.2012}

Article 21. Consequences of violation of the procedure for establishing and changing the land purpose

Violation of the procedure for establishing and changing the land purpose shall be the basis for:

a) invalidation of decisions of government authorities, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea and local governments on the provision (transfer) of land plots to citizens and legal entities;

{Clause “а” of Article 21 as revised by Law No. 3123-VI of 03.03.2011}

b) invalidation of land plots agreements;

c) refusal of state registration of land plots or recognition of registration as invalid;

d) bringing to justice of citizens and legal entities guilty of violating the procedure for establishing and changing the purpose of land, in accordance with the law.

Chapter 5
Agricultural lands

Article 22. The definition of agricultural lands and the order of their use

1. Agricultural lands shall mean the lands provided for the production of agricultural products, agricultural research and training activities, allocation of relevant production facilities, including the infrastructure of wholesale markets for agricultural products, or intended for these purposes.

{Part 1 of Article 22 as amended by Law No. 1561-VI of 25.06.2009}

2. Agricultural lands shall include:

a) agricultural lands (arable land, perennial plantations, hayfields, pasture fields and fallow land);

b) non-agricultural lands (farm roads and drift fences, field-protective forest belts and other protective plantings, other than those classified as lands of other categories, lands occupied by farm buildings and yards, lands designated for infrastructure of wholesale agricultural markets, temporary abandoned lands, etc.).

{Clause “b” of part 2 of Article 22 as amended by Laws No. 1561-VI of 25.06.2009, No. 2498-VIII of 10.07.2018}

3. Agricultural lands shall be transferred to ownership and provided for use of:

a) citizens, for personal peasant farming, gardening, vegetable gardening, haymaking or pasturing, as well as for commodity agricultural production and individual farming;

{Clause “а” of part 3 of Article 22 as amended by Law No. 191-VIII of 12.02.2015}

b) agricultural enterprises, for carrying on commodity agricultural production;

c) agricultural scientific and research institutions and educational facilities, rural vocational-technical schools and general-education schools, for research and teaching purposes, to promote advanced experience, and for agriculture;

d) non-agricultural enterprises, institutions, and organisations, religious organisations and associations of citizens, for subsidiary farms.

e) wholesale agricultural markets, to allocate their own infrastructure.

{Part 3 of Article 22 has been supplemented with Clause “e” under Law No. 1561-VI of 25.06.2009}

{Part 4 of Article 22 has been deleted under Law No. 191-VIII of 12.02.2015}

5. Agricultural lands may not be transferred to the ownership of foreign nationals, stateless persons, foreign legal entities and foreign states.

{Part 5 of Article 22 as amended by Law No. 5462-VI of 16.10.2012}

{Article 22 as amended by Law No. 3404-IV of 08.02.2006}

Article 23. Priority of the agricultural lands

1. Land able to be used for agricultural purpose shall be provided primarily for agricultural use.

2. Determination of lands able to be used for the agricultural purpose shall base on the data from the State Land Cadastre.

3. Non-agricultural lands or agricultural land of inferior quality shall be provided primarily for the construction of industrial enterprises, residential and municipal facilities, railways and highways, power transmission and communication lines, main pipelines, as well as for other needs not related to agricultural production.

4. Transmission and communication lines and other communications shall be installed primarily along roads, highways, etc.

Article 24. Land plots of state-owned and municipal agricultural enterprises, institutions and organisations

1. State-owned and municipal agricultural enterprises, institutions and organisations shall be provided with land plots from state-owned and municipal lands for permanent use for the research and teaching purposes, as well as for carrying on commodity agricultural production.

2. State-owned and municipal agricultural enterprises, institutions and organisations may take a lease of land plots owned by citizens and legal entities.

3. In case of liquidation of a state or municipal enterprise, institution, organisation, the lands in their permanent use, by the decision of the relevant executive authority or local government shall be transferred to the reserve lands or provided to other citizens and legal entities for use according to their intended purpose, whereby the land lease contracts shall be terminated.

Article 25. Privatisation of lands of state-owned and municipal agricultural enterprises, institutions and organisations

1. In case of privatisation of lands pertaining to the state-owned and municipal agricultural enterprises, institutions and organisations, land plots shall be transferred to employees of these enterprises, institutions and organisations, employees of state-owned and municipal educational, cultural and healthcare facilities located on the territory of the relevant council, as well as to the pensioners from among them with the land share (pai) to be assigned to each of them.

2. Decisions on privatisation of lands pertaining to the state-owned and municipal agricultural enterprises, institutions and organisations shall be approved by executive authorities or local governments in accordance with their powers at the request of employees of these enterprises, institutions and organisations.

3. The individuals specified in part 1 of this Article shall obtain the private ownership of the lands free of charge.

4. The area of lands transferred to private ownership shall be the difference between the total area of land permanently used by agricultural enterprises, institutions and organisations, and the area of lands of state or municipal ownership (forest fund lands, forest fund lands, reserve fund).

5. The individuals specified in part 1 of this article shall have a guaranteed right to obtain their land share (pai), allocated in kind (on the ground).

6. The state shall provide free transfer of ownership to agricultural lands in the amount of the land pai determined for this area, at the expense of reserve lands and reserve fund, if possible, for those citizens of Ukraine who are deportees that settled on the rural area.

{Article 25 has been supplemented with a new part under Law No. 1223-VII of 17.04.2014}

7. When calculating the size of the land share (pai), agricultural lands that were in permanent use of state-owned and municipal agricultural enterprises, institutions and organisations shall be taken into account, except for lands remaining in state-owned and municipal ownership. The total size of the agricultural land area calculated for privatisation shall be divided by the total number of individuals specified in part 1 of this article.

8. The cost and size reflected in conditional cadastral hectares of land shares (pai) pertaining to the employees of relevant enterprises, institutions and organisations and pensioners from among them shall be equal.

The sizes of land plots allocated for employees of state and municipal facilities, enterprises and organisations of culture, education and healthcare, and pensioners from among them living in rural areas or urban-type settlements may not exceed the norms regarding the free transfer of land plots to citizens, established by the law for personal peasant farming.

9. In-farm roads, farmyards, field-protective forest belts and other protective plantings, hydraulic structures, water bodies, etc. may be transferred in accordance with this Code to the ownership of citizens, agricultural enterprises, institutions and organisations established by former employees of state and municipal agricultural enterprises, institutions and organisations.

10. Executive authorities or local governments in the process of privatisation shall create a reserve fund of lands by coordination of its location with the individuals specified in part 1 of this article in the amount of up to 15 per cent of all agricultural lands area permanently used by the relevant enterprises, institutions and organisations.

11. The reserve fund of lands shall remain in state or municipal ownership and be intended for further redistribution and use subject to its designated purpose.

{Article 25 as amended by Laws No. 1694-IV of 20.04.2004, No. 3404-IV of 08.02.2006}

Article 26. Use of land plots with amelioration systems

Land plots obtained by citizens after privatisation of lands of state-owned and municipal agricultural enterprises, where the amelioration systems are located and operate, shall be used jointly on the contractual basis. In case of failure to reach consent on the joint use of these land plots, the dispute shall be resolved in court.

Article 27. Preservation of the right to land of agricultural enterprises, institutions and organisations, personal peasant and individual farms

Agricultural enterprises, institutions and organisations, personal peasant and individual farms united in associations and other organisational and legal forms shall retain the right to their land plots unless otherwise provided for by the contract.

Article 28. Land plots of agricultural enterprises

1. Agricultural lands may be privately owned by the agricultural enterprises, institutions and organisations save for state and municipal ones.

2. The right of ownership of land belonging to these enterprises may be acquired by contributing to the authorised capital of land plots of their founders and acquisition of land plots under contracts of sale, rent, gift, exchange, other civil law agreements.

{Part 2 of Article 28 as amended by Law No. 997-V of 27.04.2007}

3. The right of ownership of the land by the specified agricultural enterprises shall be enforced under the law.

Article 29. Determining the location of the citizens' land plots in case of liquidation of agricultural enterprises, institutions and organisations

1. In case of liquidation of agricultural enterprises, institutions and organisations, the owners of land shares (pai) living in these settlements shall have the pre-emptive right to receive land plots near these settlements.

2. The location of land plots shall be determined with regard to the requirements of rational territory organisation and land-use compactness under the land engineering projects approved by the meeting of land shares' (pai) owners.

Article 30. Distribution of non-agricultural lands in case of the liquidation of agricultural enterprises

1. In case of liquidation of agricultural enterprises, their non-agricultural lands shall be distributed in accordance with the constituent documents of these enterprises or with the consent of the land shares' (pai) owners. In case of disagreement, this issue shall be resolved in court.

2. Land plots of state-owned and municipal ownership previously used by agricultural enterprises, institutions and organisations that are being liquidated, shall be included in the reserve lands or transferred to the ownership or use in accordance with this Code.

Article 31. Lands of individual farms

1. Lands of individual farms may comprise:

a) land plot owned by the individual farm as a legal entity;

b) land plots owned by the citizens who are members of the individual farm under private ownership rights;

c) land plot used by the individual farm on a lease basis.

2. Citizens who are members of the individual farms shall have the right to receive land plots in the amount of the land share (pai), free of charge from the state-owned and municipal lands.

Article 32. Privatisation of land plots by members of individual farms

1. Citizens of Ukraine who are members of individual farms shall free of charge obtain the land plots provided to them for use in the amount of land share (pai) of a member of an agricultural enterprise located on the territory of the relevant council.

2. The effect of part one of this article shall not apply to citizens who have previously acquired the right to land share (pai).

Article 33. Land plots of personal peasant farms

1. Land plots intended for personal peasant farming may be transferred by citizens for use to legal entities of Ukraine and used by them for conducting commodity agricultural production and farming without changing the purpose of these land plots.

{Article 33 as amended by Law No. 5462-VI of 16.10.2012; the text of Article 33 as revised by Law No. 191-VIII of 12.02.2015}

Article 34. Lands for haymaking and pasturing

1. Citizens may take a lease of land plots for haymaking and pasturing

2. Executive authorities and local governments may establish public hayfields and pastures on the lands owned by the state or territorial community.

Article 35. Land plots for gardening

1. Citizens of Ukraine shall have the right to acquire free of charge or take a lease of the land plots for individual or collective gardening from the state-owned and municipal lands.

2. Foreign nationals and stateless persons, as well as legal entities, may possess the land plots for individual or collective gardening on the lease terms.

{Part 2 of Article 35 as amended by Laws No. 1702-VI of 05.11.2009, No. 5462-VI of 16.10.2012}

3. Land plots intended for gardening may be used for the establishment of perennial gardens, the cultivation of crops, as well as for the construction of the necessary buildings, farming structures, etc.

4. Public lands of a gardening society include land plots occupied by protective belts, roads, driveways, buildings and structures of public use. Public lands of a gardening society shall be transferred to its ownership free of charge at the request of the supreme governing body of the society to the relevant executive authority or local government by virtue of land engineering documentation, which has become a basis for the land plots or technical land engineering documentation regarding the establishment (restoration) of land boundaries in kind (on the ground).

{Part 4 of Article 35 as revised by Law No. 2949-VI of 14.01.2011; as amended by Law No. 497-VIII of 02.06.2015}

5. Privatisation of a land plot by a citizen who is a member of a gardening society shall be carried out without the consent of other members of this society.

6. The land plots of gardening societies shall be used in accordance with the law and the charters of these societies.

Article 36. Land plots for vegetable gardening

1. Citizens or their associations may take a lease of land plots for vegetable gardening from the state or municipal lands.

2. It is prohibited to establish the perennial gardens, erect the major buildings and structures on the land plots for vegetable gardening.

3. Temporary structures for inventory storage and weather protection may be erected on the land plots for vegetable gardening. After the expiration of the lease of the specified land plot, the constructed temporary structures are subject to demolition by the owners of these structures at their expense.

Article 37. The right of non-agricultural enterprises, institutions and organisations to land

1. Private non-agricultural enterprises, institutions and organisations may acquire ownership or take a lease of agricultural and other lands for conducting the subsidiary farming.

2. State-owned and municipal non-agricultural enterprises, institutions and organisations may take a lease of agricultural and other lands for conducting the subsidiary farming.

Article 37-1. Special provisions for the use and disposal of land plots located in the massif of agricultural lands, as well as of the field-protective forest belt limiting the territory of such massif

1. Agricultural land plots intended for personal peasant farming, individual farming, located in the massif of agricultural lands, may be used by their owner, land user also for conducting commodity agricultural production without changing the purpose of such land plots.

2. Owners of land plots of all ownership forms located in the massif of agricultural lands may exchange such land plots.

Change (exchange) of a land plot of state or municipal ownership located in the massif of agricultural lands for another land plot located in the same massif shall be carried out only if both land plots have the same normative monetary value or the difference between normative monetary values does not exceed 10 percent.

3. Owners and lessees of agricultural lands located in the massif of agricultural lands, for the period of the lease contract, may exchange their land use rights by means of mutual lease and sublease contracts of the respective plots.

4. A person who owns the right to use a significant part of the area of agricultural lands shall have the right to take a lease of other agricultural land plots, located within this area, and in the event that other land plots are leased, it shall have the right to obtain them in a sublease, provided that they are transferred to the owner (lessor) for use (lease, sublease) of another land plot situated within the same area for the same period and under the same provisions if due to the overlapping of plots, the non-use of such land plots creates obstacles to the rational use of land plots being in the use of this person. The right to lease the land shall be acquired in the manner prescribed by the Law of Ukraine “On Land Lease”.

A person who owns the right to use a significant part of the area of agricultural lands shall be a land user authorised to use (lease, emphyteusis) land plots located in the area of agricultural lands with a total area of at least 75 percent of all lands within the area.

5. State-owned or municipal land plots occupied by field roads designed for access to land plots located in the area of agricultural lands (except for field roads limiting the area) shall be leased without land auctions to owners and/or users of land plots, adjacent to the land plots occupied by such field roads. The lease period of such land plots shall be 7 years.

Leasing of state-owned or municipal land plots occupied by field roads designed for access to land plots shall be subject to free access of all landowners and land users to their land plots for their intended use.

6. Land plots occupied by field roads located in the area of agricultural lands (except for field roads limiting the area) may be used by the landowner (land user) both for passage (drive) to other land plots located within such an area and for agricultural products cultivation.

7. Land plots occupied by field-protective forest belts limiting the area of agricultural lands, shall be transferred for permanent use to state or municipal specialised enterprises or leased to individuals and legal entities with mandatory stipulation in the land lease contract of the provisions for the maintenance and preservation of such belts and ensuring that they perform the function of agroforest amelioration.

The Cabinet of Ministers of Ukraine shall establish the rules for the maintenance and preservation of field-protective forest belts located on agricultural lands.

8. The boundaries of land plots located in the area of agricultural lands may be changed in the process of land consolidation on the terms and in the manner prescribed by the law.

9. This article shall apply to the use and disposal of land plots for commodity agricultural production, individual farming and personal peasant farming.

{The Law has been supplemented with Article 37-1 under Law No. 2498-VIII of 10.07.2018}

Chapter 6
Lands for residential and public buildings

Article 38. Determination of lands for residential and public buildings

The lands for residential and public buildings shall include land plots within settlements that are used for allocating the residential buildings, public buildings and structures, as well as other public facilities.

Article 39. Use of lands for residential and public buildings

The lands for residential and public buildings shall be used under the general plan of the settlement, other urban planning documentation, and the land management plan in compliance with the construction standards.

{Article 39 as amended by Laws No. 1704-VI of 05.11.2009, No. 4215-VI of 22.12.2011, No. 124-IX of 20.09.2019}

Article 40. Land plots for construction and maintenance of residential buildings, outbuildings and garage construction

Citizens of Ukraine by decision of executive authorities or local governments may obtain free of charge or take a lease of land plots for construction and maintenance of residential buildings, outbuildings and garage construction within the standards defined by this Code. The citizens may acquire land plots for the specified needs under civil law agreements, in excess of gratuitous transfer norm.

Article 41. Land plots of housing-construction (residential) and garage-building cooperatives

1. Housing-construction (residential) and garage-building cooperatives by decision of the executive authorities or local governments shall obtain or take a lease of the land plots for the residential and garage construction free of charge in the amount established under the approved urban planning documentation.

2. Housing-construction (residential) and garage-building cooperatives may acquire ownership of land plots under civil law agreements.

Article 42. Land plots of multi-family residential buildings

{Title of Article 42 as amended by Law No. 417-VIII of 14.05.2015}

1. Land plots comprising multi-family residential buildings, as well as buildings, structures and adjacent territories of state or municipal ownership belonging to them, shall be provided for permanent use to enterprises, institutions and organisations that manage these buildings.

{Part 1 of Article 42 as amended by Law No. 417-VIII of 14.05.2015}

2. Land plots comprising multi-family residential buildings, as well as their buildings, structures and adjacent territories in the common-joint ownership of the apartments and non-residential premises' owners in the building, shall be transferred free of charge to the co-owners of the multi-family residential building under the procedure established by the Cabinet of Ministers of Ukraine.

{Part 2 of Article 42 as revised by Law No. 417-VIII of 14.05.2015}

3. The co-owners shall determine the procedure for use of land plots comprising multi-family residential buildings as well as the buildings, structures and adjacent territories belonging to them.

{Part 3 of Article 42 as amended by Law No. 417-VIII of 14.05.2015}

4. The size and configuration of land plots comprising multi-family residential buildings, as well as the buildings, structures and adjacent territories belonging to them, shall be determined on the basis of the relevant land management documentation.

{Part 4 of Article 42 as amended by Laws No. 4215-VI of 22.12.2011, No. 417-VIII of 14.05.2015}

5. In case of destruction (demolition) of a multi-family residential building, the property rights to the land plot comprising such building, as well as the buildings, structures and adjacent territory belonging to it, shall be retained by the co-owners of the multi-family residential building.

{Article 42 has been supplemented with part 5 under Law No. 417-VIII of 14.05.2015}

Chapter 7
Lands of nature reserve fund and other nature protection purpose

Article 43. Lands of nature reserve fund

Lands of nature reserve fund shall mean the areas of land and water space with natural complexes and objects of special nature protection, ecological, scientific, aesthetic, recreational and other value, which according to the law are given the status of territories and objects of nature reserve fund.

Article 44. The composition of the nature reserve fund's lands

The nature reserve fund's lands include natural territories and objects (nature reserves, national nature parks, biosphere reserves, regional landscape parks, wildlife sanctuaries, natural monuments, protected areas), as well as artificially created objects (botanical gardens, dendrological parks, zoological parks, parks-monuments of landscape art).

Article 45. Use of nature reserve fund's lands

1. The nature reserve fund's lands may be in state, municipal, and private ownership.

2. The procedure for the use of the nature reserve fund's lands shall be determined by the law.

Article 46. Lands of other nature protection purpose and their use

1. Lands of other nature protection purpose include land plots within which there are natural objects of special scientific value.

{Part 1 of Article 46 as revised by Law No. 3404-IV of 08.02.2006}

2. The boundaries of lands of other nature protection purpose shall be fixed on the ground by boundary or information signs.

3. The procedure for the use of lands of other nature protection purpose shall be determined by the law.

Chapter 8
Lands of health-improving purpose

Article 47. Definition of lands of health-improving purpose

Lands of health-improving purpose shall include lands that have natural healing properties that are or can be used for disease prevention and treatment.

Article 48. Restraints of the activities on the lands of health-improving purpose

1. On the lands of health-improving purpose it shall be prohibited to perform activities that contradict their intended purpose or may adversely affect the natural healing properties of these lands.

2. On the territories of medical and health-improving localities and resorts, the districts and zones of sanitary (mining-sanitary) protection shall be established.

3. Within the district of sanitary (mining-sanitary) protection, it shall be prohibited to transfer the land plots to ownership and use of enterprises, institutions, organisations and citizens for activities incompatible with the protection of natural healing properties and recreation of the population.

Article 49. Use of lands of health-improving purpose

1. Lands of health-improving purpose may be in state, municipal and private ownership.

2. The procedure for the use of the lands of health-improving purpose shall be determined by the law.

Chapter 9
Lands of recreational purpose

Article 50. Determination of lands of recreational purpose

Lands of recreational purpose shall include the lands used for public recreation, tourism and sporting events.

Article 51. The composition of lands of recreational purpose

Lands of recreational purpose include land plots of green zones and green plantations in the cities and other settlements, educational-tourist and ecological trails, marked highways, land plots occupied by territories of health resorts, recreation houses, objects of physical culture and sports, tourist bases, camping site, yacht clubs, stationary and tent tourist and health-improving camps, houses of fishermen and hunters, children's tourist stations, children's and sports camps, other similar objects, and also the land plots provided for countryside construction and erection of other stationary recreation objects.

Article 52. Use of lands of recreational purpose

1. Lands of recreational purpose may be in state, municipal and private ownership.

2. Public lands of a countryside cooperative shall be transferred to its ownership free of charge at the request of the highest governing body of the cooperative to the relevant executive authority or local government on the basis of land management documentation regarding the establishment (restoration) of land boundaries in kind (on the ground). Public lands of the countryside cooperative include the land plots occupied by protective belts, roads, passages, buildings and constructions of public use.

{Article 52 has been supplemented with a new part under Law No. 2949-VI of 14.01.2011; as amended by Law No. 497-VIII of 02.06.2015}

3. On the lands of recreational purpose, it shall be prohibited to perform activities that prevent or may prevent their use for their intended purpose, as well as adversely affect or may affect the natural condition of these lands.

4. The procedure for the use of lands of recreational purpose shall be determined by the law.

Chapter 10
Lands of historical and cultural purpose

Article 53. The composition of lands of historical and cultural purpose

1. Lands of historical and cultural purpose include lands on which cultural heritage monuments, their complexes (ensembles), historical and cultural reserves, historical and cultural protected areas, protected archaeological sites, open-air museums, memorial estate museums are located.

{Article 53 as revised by Law No. 2518-VI of 09.09.2010}

Article 54. Use of lands of historical and cultural purpose

1. Lands of historical and cultural purpose may be in state, municipal and private ownership.

2. Special zones of monument protection around the historical and cultural reserves, historical and cultural protected areas, open-air museums, memorial estate museums, cultural heritage monuments, their complexes (ensembles) shall be established with a ban on activities that adversely affect or may affect the regime of use of such lands.

{Part 2 of Article 54 as revised by Law No. 2518-VI of 09.09.2010}

3. The procedure for the use of lands of historical and cultural purpose shall be determined by law.

Chapter 11
Forest fund lands

{Title of chapter 11 as amended by Law No. 3404-IV of 08.02.2006}

Article 55. Definition of forest fund lands

1. Forest fund lands include lands covered with forest vegetation, as well as lands not covered with forest vegetation, non-forest lands, which are provided and used for the forestry needs.

2. Forest fund lands shall not include the lands occupied by:

a) green plantations within settlements that are not classified as forests;

{Clause “b” of part 2 of Article 55 has been deleted under Law No. 3404-IV of 08.02.2006}

c) individual trees and groups of trees, shrubs on agricultural lands, homesteads, countryside and garden plots;

d) field-protective forest belts on agricultural lands.

{Part 2 of Article 55 has been supplemented with clause “d” under Law No. 2498-VIII of 10.07.2018}

{Article 55 as amended by Law No. 3404-IV of 08.02.2006}

Article 56. Ownership of forest fund lands

1. Forest fund lands may be in state, municipal and private ownership.

2. Citizens and legal entities may, by decision of local governments and executive authorities, obtain right of ownership to the closed forest fund land plots free of charge with a total area of up to 5 hectares as part of peasant, individual farms and other farms.

3. Citizens and legal entities may, in accordance with the established procedure, gain right of ownership to the land plots of degraded and unproductive lands for afforestation.

{Article 56 as amended by Law No. 3404-IV of 08.02.2006}

Article 57. Use of forest fund lands

{Title of Article 57 as revised by Law No. 3404-IV of 08.02.2006}

1. Forest fund land plots by the decision of executive authorities or local governments shall be provided for permanent use to specialised state or municipal forestry enterprises, other state-owned and municipal enterprises, institutions and organisations comprising specialised subdivisions for the purposes of forestry management.

{Part 1 of Article 57 as revised by Law No. 3404-IV of 08.02.2006}

2. The procedure for the use of forestry lands shall be determined by law.

{Article 57 as amended by Law No. 3404-IV of 08.02.2006}

Chapter 12
Water fund lands

Article 58. The composition of the water fund lands

1. Water fund lands include lands occupied by:

a) seas, rivers, lakes, reservoirs, other water bodies, swamps, as well as islands not occupied by forests;

{Clause “а” of part 1 of Article 58 as amended by Law No. 3404-IV of 08.02.2006}

b) shoreline protection belts along seas, rivers and around water bodies, except for lands occupied by forests;

{Clause “b” of part 1 of Article 58 as amended by Law No. 3404-IV of 08.02.2006}

c) hydraulic, other water management structures and canals, as well as land allocated for right-of-way zones for them;

d) shoreline waterways;

e) artificially created land plots within the water areas of maritime ports.

{Part 1 of Article 58 has been supplemented with clause “e” under Law No. 4709-VI of 17.05.2012}

2. In order to create a favourable regime of water bodies along the seas, around lakes, reservoirs and other water bodies, water protection zones shall be established, the size of which shall be determined according to land management projects.

Article 59. The right to water fund lands

1. Water fund lands may be in state, municipal and private ownership.

2. Citizens and legal entities may, by decision of executive authorities or local governments obtain right of ownership to the enclosed water bodies (with a total area of up to 3 hectares) free of charge. Owners may create fishery, anti-erosion and other artificial water bodies on their land plots in accordance with the established procedure.

3. By the decision of executive authorities or local governments, water fund lands shall be provided for permanent use to:

a) state-owned water management organisations for the care of water bodies, shoreline protection belts, right-of-way zones, shoreline waterways, hydraulic structures, as well as aquaculture management, etc.;

b) state-owned enterprises for placement and care of state-owned port infrastructure facilities;

c) state-owned fishery enterprises, institutions and organisations for aquaculture management;

d) military units of the State Border Guard Service of Ukraine within the borderland in order to ensure national security and defence for the construction, arrangement and maintenance of engineering and fortification structures, fences, border signs, border clearings, and communications.

{Part 3 of Article 59 has been supplemented with clause “d” No. 232-IX of 29.10.2019}

{Part 3 of Article 59 as revised by Laws No. 4709-VI of 17.05.2012, No. 5293-VI of 18.09.2012}

4. Executive authorities or local governments may lease to citizens and legal entities from the water fund lands the land plots of shoreline protection belts, right-of-way zones and shoreline waterways, lakes, reservoirs, other water bodies, swamps and islands for haymaking, fishery needs (including fish farming (aquaculture), culture and health, recreational, sport and tourism purposes, conducting scientific research, care, allocation and servicing port infrastructure facilities and hydraulic structures etc., as well as artificially created land plots for the purposes of construction and operation of port infrastructure facilities and other water transport facilities. Water fund lands may be referred to the lands of maritime and river transport in the manner prescribed by the law.

{Part 4 of Article 59 as revised by Law No. 4709-VI of 17.05.2012; as amended by Law No. 5293-VI of 18.09.2012}

5. Water fund lands may be used for fishing purposes with the consent of their owners or land users.

Article 60. Shoreline protection belts

1. Shoreline protection belts shall be established along rivers, seas and around lakes, reservoirs and other water bodies in order to protect surface water bodies from pollution and clogging and to preserve their water content.

{Part 1 of Article 60 as amended by Law No. 3613-VI of 07.07.2011}

2. Shoreline protection belts shall be established along the river banks and around water bodies along the water edge (in the low-water period) with a width of:

a) 25 meters, for small rivers, streams and creeks, as well as ponds with an area of less than 3 hectares;

b) 50 meters, for medium rivers, reservoirs on them, water bodies, as well as ponds with an area of more than 3 hectares;

c) 100 meters, for large rivers, reservoirs and lakes.

At steepness of slopes more than three degrees, the minimum width of a shoreline protection belt doubles.

3. Along the seas and around maritime bays and estuaries, shoreline protection belt at least two kilometres wide from the water's edge shall be established.

Shoreline protection belts shall be established according to the individual land management projects.

The boundaries of the established shoreline protection belts and beach areas shall be indicated in the land management documentation, cadastral plans of land plots, as well as in the urban planning documentation.

Shoreline protection belts shall be established on land plots of all land categories, except for maritime transport lands.

{Part 3 of Article 60 as revised by Law No. 2740-VI of 02.12.2010}

4. Within the shoreline protection belts, the citizens shall be provided with unimpeded and free access to the marine coasts, marine bays, estuaries and islands in the internal marine waters within the beach area, to the banks of rivers, water bodies and islands for general water use, except for the lands of protection zones, sanitary protection zones, controlled access zones and zones of special regime of land use, as well as land plots comprising the following:

hydraulic, hydrometric and linear structures;

high-risk objects;

recreation houses, rehabilitation and sports facilities, sanatoriums and other medical and health-improving facilities, children's health-improving camps possessing the relevant documents required by the law for constructions and carrying out of the relevant activity;

objects of nature reserve fund, objects of cultural heritage.

Any restraints of the citizen's access (including by means of installing fences or other structures) to the water bodies' shores on land plots of shoreline protection belts used by citizens or legal entities, as well as the payment for it shall be the ground for termination of the right to use land plots of shoreline protection belts by a court decision.

{Article 60 has been supplemented with Part 4 under Law No. 233-IX of 29.10.2019}

Article 61. Restraints on the use of land plots of shoreline protection belts along rivers, around water bodies and on islands

1. Shoreline protection belts shall mean a protected area with a regime of limited economic activity.

2. Within the shoreline protection belts along rivers, around water bodies and on islands the following shall be prohibited:

a) plowing of lands (except for soil preparation for planting and afforestation), as well as gardening and vegetable gardening;

b) storage and use of pesticides and fertilisers;

c) arrangement of summer livestock camps;

d) erection of any structures (except for hydraulic, navigation, hydrometric and linear, as well as engineering and fortification structures, fences, border signs, border clearings, communications), including recreation centres, cottages, garages and parking lots;

{Clause “d” of part 2 of Article 61 as amended by Laws No. 4709-VI of 17.05.2012, No. 232-IX of 29.10.2019}

e) arrangement of garbage dumps, manure storages, accumulators of liquid and solid production wastes, cemeteries, cattle burial grounds, filtration fields, etc.;

f) washing and maintenance of vehicles and equipment;

g) burning of dry vegetation or its remnants in violation of the procedure established by the central executive authority, shaping state policies in the field of environmental protection.

{Part 2 of Article 61 has been supplemented with clause “g” No. 1259-IX of 19.02.2021 – shall be enacted since 17.06.2021}

3. Facilities located within the shoreline protection belts may be operated, provided that its regime is not violated. Buildings that are not suitable for operation, as well as those that do not meet the established economic activity regimes, are subject to removal from the shoreline protection belts.

4. The economic activity regime on land plots of shoreline protection belts along rivers, around water bodies and on islands shall be established by the law.

5. Within the shoreline protection belts it is prohibited to install fences or other structures that prevent citizens from accessing the river banks, water bodies and islands, except as provided by the law.

Such fences or other structures shall be dismantled by their owners within ten days after receiving a written request from the local state administration or the executive authority of the village, settlement or city council. In case of non-compliance with such a requirement, the said fences or other structures shall be dismantled upon the decisions of the local state administration or the executive authority of the village, settlement or city council. Expenditures of the relevant local budget related to the dismantling of these fences or other structures shall be reimbursed by their owners.

If it is not possible to identify the owner of the fence or other structures or the person by whose decision they were installed, payment for dismantling work shall be entrusted to the person who uses the land on which the fence or other structures are installed.

{Article 61 has been supplemented with part 5 under Law No. 233-IX of 29.10.2019}

Article 62. Restraints on the use of land plots within the shoreline protection belts along seas, marine bays and estuaries and on islands in the internal marine waters

1. In the shoreline protection belts along seas, marine bays and estuaries and on islands in the internal sea waters, the following shall be prohibited:

a) arrangement of landfills for household and industrial waste and storage facilities of sewage water;

b) installation of cesspools for the accumulation of domestic sewage water with a volume of more than 1 cubic meter per day;

c) arrangement of filtration fields and creation of other facilities for the acceptance and disinfecting liquid waste;

d) use of potent pesticides;

e) burning of dry vegetation or its remnants in violation of the procedure established by the central executive authority, shaping state policies in the field of environmental protection;

{Part 1 of Article 62 has been supplemented with clause “e” No. 1259-IX of 19.02.2021 – shall be enacted since 17.06.2021}

2. The economic activity regime on land plots of shoreline protection belts along seas, sea bays and estuaries and on islands in the internal sea waters shall be established by the law.

3. Within the beach area of shoreline protection belts, the construction of any structures, except for hydraulic, hydrometric and linear, as well as engineering and fortification structures, fences, border signs, border clearings, communications shall be prohibited.

{Article 62 has been supplemented with part 3 under Law No. 2740-VI of 02.12.2010; as amended by Law No. 232-IX of 29.10.2019}

4. Within the beach area of shoreline protection belts it is prohibited to install fences or other structures that prevent access of citizens to the coast of the seas, marine bays, estuaries and islands in the internal sea waters, except as provided by law.

Such fences or other structures shall be dismantled by their owners within ten days after receiving a written request from the local state administration or the executive authority of the village, settlement or city council. In case of non-compliance with such a requirement, the said fences or other structures shall be dismantled upon the decisions of the local state administration or the executive authority of the village, settlement or city council. Expenditures of the relevant local budget related to the dismantling of these fences or other structures shall be reimbursed by their owners.

{Article 62 has been supplemented with part 4 under Law No. 233-IX of 29.10.2019}

Article 63. Right-of-way zones

1. To ensure the operation and protection against pollution, damage and destruction of irrigation and drainage systems, hydraulic and hydrometric structures, water bodies and dams on river banks, the land plots of right-of-way zones with a special use regime shall be allocated.

2. The size and use regime of the land plots of right-of-way zones shall be determined under land management projects, which are developed and approved in the prescribed manner.

3. Land plots within the right-of-way zones shall be provided for the creation of water protection plantations, shore protection and anti-erosion hydraulic structures, construction of crossings, etc.

Article 64. Shorelines of waterways

1. Shorelines shall be established on navigable waterways outside settlements for carrying out works related to navigation.

2. Sizes of shorelines of waterways shall be determined by land management projects, which are developed and approved in the prescribed manner.

3. Procedure for establishing and using shorelines of waterways shall be determined by the Cabinet of Ministers of Ukraine.

Chapter 13
Lands of industrial, transportation, communications, power, defence and other purpose

Article 65. Definition of land of industrial, transportation, communications, power, defence and other purpose

1. Lands of industrial, transportation, communications, power, defence and other purpose are land plots provided in the prescribed manner to enterprises, institutions and organisations to carry out relevant activities.

2. The procedure for the use of lands for of industrial, transportation, communications, power, defence and other purposes shall be established by the law.

Article 66. Industrial lands

1. Industrial lands shall include lands provided for the allocation and operation of main, subsidiary and auxiliary buildings and structures of industrial, mining, transport and other enterprises, their access roads, engineering networks, administration and accommodation buildings, and other structures.

2. Industrial lands may be in state, municipal and private ownership.

3. The sizes of the land plots provided for the specified purposes shall be defined according to the state norms and the design documentation approved in accordance with the established procedure, and assignment of the land plots shall be carried out taking into account the sequence of their development.

4. Provision of land plots for the needs related to subsoil use shall be carried out after registration of subsoil use rights and restoration of lands under the established procedure in accordance with the approved relevant working land management project on previously worked areas within the established period.

Land plots of all ownership forms and categories shall be granted to holders of special permits for research and industrial development of amber deposits, other minerals of national importance and/or extraction of amber, other minerals of national importance by establishing land easements in accordance with the boundaries and validity period of relevant special subsoil use permit (with automatic extension of the easement in case of extension of the relevant special subsoil use permit) without changing the purpose of these land plots, except for lands of nature reserves, lands of health-improving, recreational, historical and cultural purposes, as well as water fund lands.

{Part 4 of Article 66 has been supplemented with paragraph 2 under Law No. 402-IX of 19.12.2019}

{Part 4 of Article 66 as amended by Law No. 497-VIII of 02.06.2015}

Article 66-1. Lands of industrial parks

1. The lands of industrial parks belong to industrial lands.

2. Industrial parks shall be created on land plots with an area of not less than 15 hectares and not more than 700 hectares.

{The Code has been supplemented with Article 66-1 under Law No. 5018-VI of 21.06.2012}

Article 67. Transport lands

1. Transport lands shall include lands provided to enterprises, institutions and organisations of railway, traffic and road infrastructure, maritime, river, aviation, pipeline transport and urban electric transport to perform the tasks assigned to them for the operation, repair and development of transport facilities.

2. Transport lands may be in state, municipal and private ownership.

Article 68. Railway transport lands

The land of railway transport includes the land of railway allotment lanes under the railway tracks and its arrangement, stations with all buildings and structures of energy, locomotive, wagon, track, freight and passenger facilities, signalling and communication, water supply, sewerage; under protective and strengthening plantings, service, cultural and household buildings and other structures necessary to ensure the operation of railway transport.

Article 69. Maritime transport lands

1. Maritime transport lands shall include the lands of:

a) maritime ports with embankments, platforms, berths, railway stations, buildings, structures, equipment, objects of general port and complex service of the fleet;

b) hydraulic structures and means of navigation, shipyards, workshops, bases, warehouses, radio centres, office and cultural and domestic buildings and other structures servicing the maritime transport.

2. Restrictions on land use may be imposed on approaches to ports (canals), bridges, cable and air crossings, water intakes and other facilities in accordance with the law.

Article 70. River transport lands

River transport lands shall include the lands of:

a) ports, specialised berths, piers and backwaters with all technical structures and equipment servicing river transport;

b) passenger stations, pavilions and berths;

c) navigable canals, navigable, energy and hydraulic structures, service and technical buildings;

d) shore protection structures and plantings;

e) communication nodes, radio centres and radio stations;

e) buildings, shoreline navigation signs and other structures for waterway maintenance, ship-repair facilities, repair and maintenance bases, workshops, shipyards, settling and repair points, warehouses, material and technical bases, engineering networks, office and cultural and household buildings, other facilities that ensure the operation of river transport.

Article 71. Traffic and road transport lands

1. The traffic lands shall include lands occupied by buildings and equipment of energy, garage and fuel distribution facilities, bus terminals, bus stations, linear production facilities, service and technical buildings, service stations, gas stations, trucking, freight forwarding companies, car repair shops, cargo yards, platforms for containers and for interception, office and cultural and household buildings and other objects providing traffic functioning.

2. Road transport lands shall include lands occupied by the carriageway, roadside, earthworks, decorative landscaping, reserves, ditches, bridges, tunnels, transport interchanges, culverts, retaining walls and other road structures and equipment located within the right-of-way zones, as well as lands located outside the right-of-way zones, if they comprise the structures that ensure the functioning of roads, namely:

a) parallel bypass roads, ferry crossings, snow protection structures and plantings, avalanche and anti-mud structures, catching exits;

b) parking lots for transport and recreation, enterprises and objects of road service;

c) buildings (including residential) and road service facilities with the production bases;

d) protective plantings.

Article 72. Air transport lands

1. Air transport lands shall include the lands of:

a) airports, aerodromes, separate structures (air traffic control facilities, radio navigation and landing, treatment and other facilities), service and technical areas with buildings and structures that ensure the air transport operation;

b) helicopter stations, including heliports, service and technical areas with all buildings and structures;

c) repair plants of civil aviation, aerodromes, heliports, marine aerodrome and other sites for aircraft operation;

d) service facilities that ensure the air transport operation.

2. In accordance with the law, a special land use regime shall be introduced on the aerodrome territory.

Article 73. Pipeline transport lands

1. Pipeline transport lands shall include land plots provided for ground surface and above-ground pipelines and their structures, as well as for ground surface structures of underground pipelines.

2. Protection zones shall be established along ground surface, above-ground and underground pipelines.

Article 74. Urban electric transport lands

Urban electric transport lands shall include lands under separate tram tracks and their arrangement, underground, funicular tracks and stations, cable cars, escalators, tram and trolleybus depots, car repair plants, energy and track facilities, signalling and communication, outbuildings and cultural and household facilities and other structures necessary to ensure the operation of urban electric transport.

Article 75. Lands of telecommunications

1. Lands of telecommunications shall include land plots provided for overhead and cable telephone and telegraph lines and satellite communications.

2. Lands of telecommunications may be in state, municipal and private ownership.

3. Protection zones shall be established along overhead and underground cable communication lines passing outside settlements, as well as around radiating structures of TV and radio stations and radio relay lines.

Article 76. Energy system lands

1. Energy system lands shall include the lands provided for electric generating objects (nuclear, thermal, hydroelectric power plants, power plants using wind and solar energy and other sources), for objects of electricity transportation to the user, except for cases when such facilities are placed on the lands of other purpose.

{Part 1 of Article 76 as amended by Law No. 2628-VIII of 23.11.2018}

2. Energy system lands may be in state, municipal and private ownership.

3. Protective zones shall be established along overhead and underground cable transmission lines.

Article 77. Lands for defence needs

1. Lands for defence needs shall include the lands for allocation and permanent operation of military units, institutions, military educational institutions, enterprises and organisations of the Armed Forces of Ukraine, other military formations formed in accordance with the legislation of Ukraine.

2. Lands for defence needs may be in state ownership only.

{Part 2 of Article 77 as revised by Law No. 5245-VI of 06.09.2012}

3. Protective, conservation and other zones with special conditions of use shall be established around military and other defence facilities if necessary.

Within the borderland in order to ensure national security and defence, compliance with the state border regime, military units of the State Border Guard Service of Ukraine for construction, arrangement and maintenance of engineering and fortification structures, fences, border signs, border clearings, communications are provided for permanent use 30-50 meters wide along the state borderline on land, along the shores of the Ukrainian part of the border river, lake or other water body.

{Part 3 of Article 77 has been supplemented with paragraph 2 under Law No. No. 232-IX of 29.10.2019}

4. The procedure for the use of lands for defence needs shall be established by the law.

5. Special provisions for alienation of land plots comprising immovable military property subject to the disposal, as well as land plots released in course of the reformation of the Armed Forces of Ukraine, State Special Transport Service, shall be established by the law.

Funds received from the alienation of such land plots shall be credited to the State Budget of Ukraine and used exclusively for defence needs in accordance with the budget of the Ministry of Defence of Ukraine in the manner prescribed by the Budget Code of Ukraine.

{Article 77 has been supplemented with part 5 under Law No. 4226-VI of 22.12.2011}

Section III
RIGHTS TO LAND

Chapter 14
Right of ownership to land

Article 78. The content of right of ownership to land

1. The right of ownership to land shall mean the right to own, use and dispose of land plots.

2. The right of ownership to land shall be acquired and exercised on the basis of the Constitution of Ukraine, this Code, as well as other laws enacted in accordance with them.

3. The land in Ukraine may be in private, municipal and state ownership.

4. Land plots shall not be returned to persons (their heirs) who owned land plots before 15 May 1992 (from the date when the Land Code of Ukraine has been enacted).

Article 79. Land plot as an object of right of ownership

1. Land plot shall mean a part of the earth’s surface with specific boundaries, certain location, and certain rights related thereto.

2. The right of ownership to a land plot shall apply within its scope to the surface (soil) layer, as well as to water bodies, forests and perennial plantations located on it, unless otherwise provided by the law and does not violate the rights of others.

{Part 2 of Article 79 as amended by Law No. 1443-VI of 04.06.2009}

3. The right of ownership to a land plot shall be applicable to the space above and below the surface of the land plot at the height and depth necessary for the construction of residential, industrial and other buildings and structures.

Article 79-1. Land plot as an object of civil rights

{Title of Article 79-1 as revised by Law No. 340-IX of 05.12.2019}

1. The formation of a land plot consists in the definition of a land plot as an object of civil rights. The formation of a land plot involves determining its area, boundaries and entering information about it in the State Land Cadastre.

2. Formation of land plots shall be carried out:

within the procedure of allotment of land plots from state-owned and municipal lands;

by means of dividing or merging previously formed land plots;

by means of determining the boundaries of state or municipal land plots according to land management projects for landscaping of settlements, land management projects for landscaping for urban needs, land management projects for land privatisation of state-owned and municipal agricultural enterprises, institutions and organisations;

{Paragraph 4 of part 2 of Article 79-1 as revised by Laws No. 5245-VI of 06.09.2012, No. 497-VIII of 02.06.2015}

by means of inventory of lands in cases provided for by the law;

{Part 2 of Article 79-1 has been supplemented with paragraph 5 under Law No. 497-VIII of 02.06.2015; as amended by Law No. 2498-VIII of 10.07.2018}

on land management projects for the organisation of the territory of land shares (paiv).

{Part 2 of Article 79-1 has been supplemented with paragraph 6 under Law No. 497-VIII of 02.06.2015}

3. Formed land plots shall be subject to state registration in the State Land Cadastre.

4. A land plot shall be considered to be formed from the moment it has been assigned a cadastral number.

5. The formation of land plots (except for the cases specified in parts 6–7 of this Article) shall be carried out according to land management projects for land plot allocation.

6. Formation of land plots by division and consolidation of previously formed land plots, which are owned or used, without change of their purpose shall be carried out according to the land management technical documentation regarding division and assembly of land plots.

7. Removal in kind (on the ground) of the boundaries of the formed land plot before its state registration shall be carried out according to the land management documentation, which became the basis for its formation.

8. In case of establishing (restoring) the land plots' boundaries according to their actual use due to the impossibility of identifying the actual boundaries, the formation of new land plots shall not be carried out, and changes to the information on land boundaries shall be entered to the State Land Cadastre.

9. A land plot may be the object of civil rights only from the moment of its formation (except in cases of sublease, easement in respect of land plots' parts) and state registration of right of ownership to it.

10. The state registration of property rights to land plots shall be carried out after the state registration of land plots in the State Land Cadastre.

11. The state registration of sublease rights and easements applying to the land plot's part, shall be carried out after entering information about this part into the State Land Cadastre.

12. The boundaries of adjacent land plots of private property may be changed by their owners without the formation of new land plots according to the technical documentation on land management to establish (restore) the boundaries of the land plot in kind (on the ground).

{Part 12 of Article 79-1 as amended by Law No. 497-VIII of 02.06.2015}

13. A land plot shall cease to exist as an object of civil rights, and its state registration shall be revoked in the case of:

division or consolidation of land plots;

cancellation of the land plot's state registration based on the court decision owing to recognition of such state registration as illegal;

if the property right to the land plot registered in the State Land Cadastre in accordance with the Law of Ukraine “On the State Land Cadastre” has not been registered during the year due to the applicant's fault.

The courts decision to cancel the state registration of a land plot shall be effective only if all property rights and their encumbrances registered in respect of such land plot, are terminated simultaneously (in the presence of such rights, encumbrances).

{Article 79-1 has been supplemented with part 13 under Law No. 340-IX of 05.12.2019}

{The Code has been supplemented with Article 79-1 under Law No. 3613-VI of 07.07.2011}

Article 80. Subjects of right of ownership to land

The subjects of right of ownership shall be:

a) citizens and legal entities, on privately owned lands;

b) territorial communities that exercise this right directly or through local governments, on municipal lands;

c) the state, which exercises this right through the relevant state authorities, on state-owned lands.

Article 81. Citizens' right of ownership to land

1. Citizens of Ukraine shall acquire right of ownership to land on the basis of:

a) purchase under a contract of sale, rent, gift, exchange, other civil law agreements;

{Clause “а” of part 1 of Article 81 as amended by Law No. 997-V of 27.04.2007}

b) free transfer from state-owned and municipal lands;

c) privatisation of land plots that were previously provided to them for use;

d) acceptance of inheritance;

e) allocation in kind (on the ground) of their land share (pai).

2. Foreign nationals and stateless persons may acquire rights of ownership to non-agricultural land plots within settlements, as well as to non-agricultural land plots outside settlements where the objects of immovable property belonging to them on private property rights are located.

{Part 2 of Article 81 as amended by Law No. 5462-VI of 16.10.2012}

3. Foreigner nationals and stateless persons may acquire rights of ownership to land plots in accordance with part 2 of this article in the case of:

{Paragraph 1 of part 3 of Article 81 as amended by Law No. 5462-VI of 16.10.2012}

a) purchase under a contract of sale, rent, gift, exchange, other civil law agreements;

{Clause “а” of part 3 of Article 81 as amended by Law No. 997-V of 27.04.2007}

b) redemption of land plots on which the objects of immovable property owned by them are located;

c) acceptance of inheritance.

4. Agricultural lands inherited by foreign nationals, as well as stateless persons, shall be subject to alienation during the year.

{Part 4 of Article 81 as amended by Law No. 5462-VI of 16.10.2012}

Article 82. Legal entitie's rights of ownership to land

1. Legal entities (established by citizens of Ukraine or legal entities of Ukraine) may acquire land plots for business activities in the case of:

a) purchase under a contract of sale, rent, gift, exchange, other civil law agreements;

{Clause “а” of part 1 of Article 82 as amended by Law No. 997-V of 27.04.2007}

b) entering of land plots by its founders to the authorised capital;

c) acceptance of inheritance;

d) emergence of other grounds provided for by the law.

2. Foreign legal entities may acquire the right of ownership of non-agricultural land plots:

a) within settlements in case of acquisition of immovable property and for the construction of facilities related to business activities in Ukraine;

b) outside the settlements in case of acquisition of immovable property.

3. Joint ventures established by foreign legal entities and individuals may acquire right of ownership to non-agricultural land plots in the cases specified in parts one and two of this Article and in accordance with the procedure established by this Code for foreign legal entities.

{Article 82 has been supplemented with part 3 under Law No. 1103-IV of 10.07.2003}

4. Agricultural lands inherited by foreign legal entities shall be subject to alienation within one year.

Article 83. Territorial community's right of ownership to land

1. Lands owned by territorial communities of villages, settlements, cities shall be the municipal ownership.

2. The municipal ownership:

a) all lands within settlements, except for land plots of private and state ownership;

b) land plots comprising buildings, structures and other municipal immovable property objects, regardless of their location.

{Part 2 of Article 83 as revised by Law No. 5245-VI of 06.09.2012}

3. State-owned land plots to be used to accommodate facilities intended to serve the needs of the territorial community (utilities, institutions, organisations, public pastures, cemeteries, waste disposal and recycling sites, recreational facilities, etc.), as well as land plots, which in accordance with the approved urban planning documentation are supposed to be included in the boundaries of settlements, shall be transferred to the municipal ownership by decisions of executive authorities.

{Article 83 has been supplemented with a new part under Law No. 5245-VI of 06.09.2012}

4. Municipal lands that cannot be transferred to private ownership include:

a) public lands of settlements (squares, streets, driveways, roads, embankments, beaches, parks, squares, boulevards, cemeteries, places of waste destruction and disposal, etc.);

b) lands occupied by railways, highways, air and pipeline transport facilities;

c) lands occupied by the objects of nature reserve fund, historical-cultural and health-improving purpose, which have special ecological, health-improving, scientific, aesthetic and historical-cultural value, unless otherwise provided by the law;

d) forest fund lands, except for the cases specified by this Code;

e) water fund lands, except for the cases specified by this Code;

f) land plots used for the local governments' activities;

g) land plots, artificially created within the shoreline protection belt or right-of-way zone, on forestry fund lands and nature reserve fund, located within the shoreline protection belt of water bodies, or on land plots of the water bodie's bottom;

{Part of Article 83 has been supplemented with clause “g” under Law No. 1708-VI of 05.11.2009}

h) lands occupied by the objects of engineering infrastructure of the municipal inter-farm amelioration systems.

{Part 4 of Article 83 has been supplemented with clause “h” under No. 388-VIII of 12.05.2015}

5. Territorial communities shall acquire the right of municipal ownership to land in the case of:

a) transfer of state-owned lands to them;

b) alienation of land plots for public needs and for reasons of public necessity in accordance with the law;

{Clause “b” of part 5 of Article 83 as revised by Law No. 5245-VI of 06.09.2012}

c) acceptance of inheritance or transfer to their ownership of land plots recognised by the court as the escheat inheritance;

{Clause “c” of part 5 of Article 83 as revised by Law No. 1533-VIII of 20.09.2016}

d) purchase under a contract of sale, rent, gift, exchange, other civil law agreements;

{Clause “d” of part of Article 83 as amended by Law No. 997-V of 27.04.2007}

{Clause “d-1” of part 5 of Article 83 has been deleted under Law No. 5245-VI of 06.09.2012}

e) emergence of other grounds provided for by the law.

6. Territorial communities of villages, settlements, cities may unite their land plots of municipal ownership on a contractual basis. These land plots shall be managed in accordance with the law.

{Part 6 of Article 83 as amended by Law No. 5245-VI of 06.09.2012}

{Article 83 as amended by Law No. 3404-IV of 08.02.2006}

{For amendments to Article 83 refer to Law No. 4709-VI of 17.05.2012}

Article 84. Right of ownership to state-owned land

1. All lands of Ukraine are in state ownership, except for lands of municipal and private ownership.

2. The right of state ownership to land shall be acquired and exercised by the state through the executive authorities in accordance with the powers defined by this Code.

{Part 2 of Article 84 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Laws No. 309-VI of 03.06.2008, No. 5245-VI of 06.09.2012}

{Part 3 of Article 84 has been deleted under Law No. 5245-VI of 06.09.2012}

4. State-owned lands that cannot be transferred to private ownership include:

a) lands of nuclear energy and space system;

b) land under occupied by railways, objects of state ownership of air and pipeline transport;

c) defence lands;

d) lands occupied by the objects of nature reserve fund, historical-cultural and health-improving purpose, which have special ecological, health-improving, scientific, aesthetic and historical-cultural value, unless otherwise provided by the law;

e) forest fund lands, except for the cases specified by this Code;

f) water fund lands, except for the cases specified by this Code;

g) land plots used to support the activities of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, other public authorities, the National Academy of Sciences of Ukraine, state branch academies of sciences;

h) land plots of exclusion zones and unconditional (compulsory) resettlement that have been radioactively contaminated as a result of the Chernobyl disaster;

i) land plots assigned to state institutions of professional (vocational) education;

{Clause “i” of part 4 of Article 84 as revised by Law No. 2745-VIII of 06.06.2019}

i- 1) land plots assigned to state institutions of professional higher education;

{Part 4 of Article 84 has been supplemented with clause “i-1” under Law No. 2745-VIII of 06.06.2019}

j) land plots assigned to state institutions of higher education;

{Clause “j” of part 4 of Article 84 as revised by Laws No. 5245-VI of 06.09.2012, No. 2745-VIII of 06.06.2019}

{Clause “k” of part 4 of Article 84 has been deleted under Law No. 5245-VI of 06.09.2012}

l) land plots used by the Black Sea Fleet of the Russian Federation on the territory of Ukraine by virtue of international treaties, the binding nature of which has been approved by the Verkhovna Rada of Ukraine;

{Part 4 of Article 84 has been supplemented with clause “l” under Law No. 5245-VI of 06.09.2012}

m) lands occupied by the objects of engineering infrastructure of the state-owned inter-farm amelioration systems.

{Part 4 of Article 84 has been supplemented with clause “m” under Law No. 388-VIII of 12.05.2015}

5. The state shall acquire the right of ownership to land in the case of:

a) alienation of land plots from owners on the grounds of public necessity and for public needs;

b) purchase under a contract of sale, rent, gift, exchange, other civil law agreements;

c) acceptance of inheritance;

d) transfer of municipal lands to state ownership by the territorial communities;

e) land confiscation;

{Clause “f” of part 5 of Article 84 has been deleted under Law No. 5245-VI of 06.09.2012}

{Article 84 as amended by Laws No. 1158-IV of 11.09.2003, No. 2229-IV of 14.12.2004, No. 3404-IV of 08.02.2006}

Article 85. Foreign state's right of ownership to lands

Foreign states may acquire land plots for the accommodation of buildings and structures of diplomatic missions and other organisations equated to them in accordance with international treaties.

Article 86. Joint ownership of land

{Title of Article 86 as revised by Law No. 5245-VI of 06.09.2012}

1. A land plot may be in joint ownership with the determination of the share of each of the participants in the joint ownership (joint shared ownership) or without the determination of the shares of the participants in the joint ownership (joint common ownership).

2. The subjects of the right of joint ownership to a land plot may be citizens and legal entities, as well as the state, territorial communities.

{Part 2 of Article 86 as revised by Law No. 5245-VI of 06.09.2012}

3. District and regional councils may be the subjects of the right of joint ownership to territorial communities' land plots.

{Part 4 of Article 86 has been deleted under Law No. 3613-VI of 07.07.2011}

Article 87. Emergence of the right of joint shared ownership to a land plot

1. The right of joint shared ownership to a land shall arise:

a) in case of voluntary association of the owners of their land plots;

b) in case of acquiring the right of ownership to land by two or more persons under civil law agreements;

c) when accepting an inheritance on a land plot by two or more persons;

d) by court decision.

Article 88. Possession, use and disposal of a land plot in joint shared ownership

1. Possession, use and disposal of a land plot in joint shared ownership shall be carried out with the consent of all co-owners in accordance with the agreement, and in case of failure to reach an agreement, it shall be delivered to the court.

2. The agreement on joint shared ownership of the land plot shall be concluded in writing and certified by a notary.

3. The participant of joint shared ownership shall have the right to demand allocation of the share belonging to them from the land's plot structure both separately, and together with other participants demanding allocation, and in case of impossibility of allocation of a share, to demand the due compensation.

4. A participant of joint shared ownership of the land plot shall have the right to own and use a part of the joint land plot that corresponds to the size of the share belonging to them.

5. A participant of joint shared ownership in accordance with the size of their share shall be authorised to obtain proceeds from the use of the joint land, be liable to third parties for obligations related to the joint land, and shall undertake to participate in the payment of taxes, fees and charges, as well as the costs related to maintenance and preservation of the joint land.

6. When a participant sells a share belonging to them in the joint shared ownership of a land plot, other participants shall have the pre-emptive right to purchase a share in accordance with the law.

Article 89. Joint common ownership of land

1. A land plot may belong as the right of joint common ownership only to citizens, unless otherwise provided by the law.

{Part 1 of Article 89 as amended by Law No. 417-VIII of 14.05.2015}

2. The lands plots may be in joint common ownership if they are owned by:

a) spouses;

b) members of the individual farm, unless otherwise provided for by their mutual agreement;

c) co-owners of a residential building;

d) co-owners of a multi-family residential building.

{Part 2 of Article 89 has been supplemented with clause “d” under Law No. 417-VIII of 14.05.2015}

3. Possession, use and disposal of land of joint common ownership shall be carried out under the contract or the law.

4. Co-owners of a land plot, which is in joint common ownership, shall have the right to divide it or to separate an individual share from it, except in cases established by the law.

{Part 4 of Article 89 as amended by Law No. 417-VIII of 14.05.2015}

5. The division of a land plot that is in joint common ownership, with the allocation of a co-owner's share, may be carried out subject to prior determination of the size of equal land shares, unless otherwise provided by the law or established by the court.

Article 89-1. Special provisions for acquisition and the procedure of realisation of the trust ownership right to the land plots

1. The trustee of the land plot shall have the rights and perform the duties of the land plot's owner, taking into account the special provisions specified in this article and the Civil Code of Ukraine.

2. Since the day when a person acquires the trust ownership right to the land plots, all rights and obligations of the land plot's owner under the current lease, emphyteusis, superficies, land easement agreements shall be transferred to the trustee.

If it is provided for by the contract establishing the trust ownership, the trustee of the land plot may transfer the land plot for use to third parties only on the right of lease, subject to the following special provisions:

the period of land lease shall expire from the moment of foreclosure on the land plot;

the lessee may not carry out construction, extraction of minerals or improvements on the land plot that cannot be separated from the land plot without causing damage.

If it is provided for by the contract establishing the trust ownership, the trustee shall have the right to conclude contracts on establishment of land easements. The period of such easements shall expire from the moment of foreclosure on the land plot.

3. Without the consent of the trust ownership founder, the trustee shall not be entitled to:

carry out division, unification of land plots;

coordinate land management documentation;

initiate the issue of changing the purpose of the land plot;

alienate a land plot in the order of its redemption for public needs.

4. Land plots of state-owned and municipal ownership may not be the objects of trust property.

{The Code has been supplemented with Article 89-1 under Law No. 132-IX of 20.09.2019}

Article 90. Land owners' rights

1. Land owners shall have the right to:

a) sell or otherwise alienate the land plot, lease, pledge, transfer as the inheritance or trust ownership;

{Clause “а” of part 1 of Article 90 as amended by Law No. 132-IX of 20.09.2019}

b) manage the land independently;

c) own the seeds and plantings of agricultural and other crops, as well as to own manufactured products;

{Clause “c” of part 1 of Article 90 as amended by Law No. 3404-IV of 08.02.2006}

d) use common minerals, peat, forest plantings, water bodies, as well as other useful land properties, available on the land plot in the prescribed manner for their own needs;

e) receive compensation of damages in cases provided by the law;

e) build residential buildings, industrial and other buildings and structures.

2. Violated rights of land owners shall be subject to restoration in the manner prescribed by the law.

Article 91. Land plot owners' responsibilities

1. Land plot owners shall:

a) ensure that the land plots are used according to their intended purpose;

b) comply with the requirements of environmental legislation;

c) pay land tax in a timely manner;

d) not violate the rights of adjacent land plots' owners and land users;

e) increase soil fertility and preserve other useful soil properties;

f) in a timely manner, provide the relevant executive authorities and local governments with data on the condition and use of land and other natural resources according to the procedure established by the law;

g) comply with the rules of good neighbourliness and restrictions related to the establishment of land easements and protection zones;

h) store geodetic signs, anti-erosion structures, networks of irrigation and drainage systems;

i) at their own expense restore the land in case of illegal change of its relief, except if such a change is not performed by the land owner, when the restoration is carried out at the expense of the person who illegally changed the relief.

{Part 1 of Article 91 has been supplemented with clause “i” under Law No. 1708-VI of 05.11.2009}

2. The law may define other responsibilities of land owners.

Chapter 15
Land use right

Article 92. The right of permanent land plot use

1. The right of permanent land plot use shall mean the right to own and use the state-owned or municipal land plot, without setting a period.

2. The rights of permanent use of a land plot from the state-owned or municipal lands shall be vested in:

a) state-owned and municipal enterprises, institutions and organisations;

b) public organisations of persons with disabilities of Ukraine, their enterprises (associations), institutions and organisations;

{Clause “b” of part 2 of Article 92 as amended by Law No. 2581-VIII of 02.10.2018}

c) religious organisations of Ukraine, the charters (provisions) of which are registered in the manner prescribed by the law, exclusively for the construction and maintenance of religious and other buildings necessary to ensure their activities;

{Part 2 of Article 92 has been supplemented with clause “c” under Law No. 875-VI of 15.01.2009}

d) public joint-stock company of public railway transport, formed in accordance with the Law of Ukraine “On the Specifics of Establishing the Public Joint-Stock Company of Rail Transport of Public Use";

{Part 2 of Article 92 has been supplemented with clause “d” under Law No. 4442-VI of 23.02.2012}

e) educational institutions regardless of the ownership form;

{Part 2 of Article 92 has been supplemented with clause “e” under Law No. 1556-VII of 01.07.2014; as revised by Law No. 2145-VIII of 05.09.2017}

f) co-owners of a multi-family residential building to maintain such a building and ensure the satisfaction of residential, social and domestic needs of owners (co-owners) and tenants (lessees) of apartments and non-residential premises located in the multi-family residential building;

{Part 2 of Article 92 has been supplemented with clause “f” under Law No. 417-VIII of 14.05.2015}

g) gas transmission system operator and transmission system operator.

{Part 2 of Article 92 has been supplemented with clause “g” under Law No. 264-IX of 31.10.2019}

{Part 2 of Article 92 as revised by Law No. 1709-IV of 12.05.2004}

3. The right of permanent use of land plots may be contributed by the state to the authorised capital of a public joint-stock company of rail transport, formed in accordance with the Law of Ukraine “On the Specifics of Establishing the Public Joint-Stock Company of Rail Transport of Public Use".

{Article 92 has been supplemented with part 3 under Law No. 4442-VI of 23.02.2012}

Article 93. The right to lease a land plot

1. The right to lease a land plot shall mean the contractual paid possession and use of a land plot for a certain period, necessary for the lessee to conduct business and other activities.

2. Land plots may be leased to citizens and legal entities of Ukraine, foreign nationals and stateless persons, foreign legal entities, international associations and organisations, as well as foreign states.

{Part 2 of Article 93 as amended by Law No. 5462-VI of 16.10.2012}

3. Land plots, artificially created within the shoreline protection belt or the right-of-way zone, on forest fund lands and nature reserve fund lands located within the shoreline protection belt of water bodies, shall not be subject to lease, except for the cases provided for by the law.

{Article 93 has been supplemented with a new part under Law No. 1708-VI of 05.11.2009; as revised by Law No. 4709-VI of 17.05.2012}

4. The lease period of the land plot may not exceed 50 years.

{Part 4 of Article 93 as revised by Law No. 191-VIII of 12.02.2015}

5. The right to lease a land plot may be alienated or sold at land auction, as well as pledged, inherited, contributed to the authorised capital by the land owner for the period of up to 50 years, except as provided for by the law.

{Article 93 has been supplemented with a new part under Law No. 509-VI of 16.09.2008}

6. The leased land plot or its part may, with the consent of the lessor, except in cases specified by the law, be transferred by the lessee to the possession and use of another person (sublease).

{Part 6 of Article 93 as revised by Law No. 2498-VIII of 10.07.2018}

7. If the lessee of the land plot is the initiator of an industrial park, such land plot or parts thereof shall be subleased to participants of the industrial park in accordance with the land legislation of Ukraine without the prior consent of the lessor, if this does not contradict the lease contract for such a land plot.

{Article 93 has been supplemented with a new part under Law No. 818-VIII of 24.11.2015}

8. Lessors of land plots are the owners thereof or persons authorised by them.

9. Relations pertaining to land lease shall be regulated by the law.

10. In case of creation of an industrial park on the state-owned or municipal lands, the ground area shall be leased for the period not less than 30 years.

{Article 93 has been supplemented with a part under Law No. 5018-VI of 21.06.2012}

11. The term of lease of agricultural land plots for conducting commodity agricultural production, farming, personal peasant farming may not be less than 7 years.

{Article 93 has been supplemented with a part under Law No. 191-VIII of 12.02.2015}

12. For conducting commodity agricultural production, farming, personal peasant farming, the period of lease of agricultural land plots, which are land plots of ameliorated lands and on which hydraulic amelioration is carried out, may not be less than 10 years.

{Article 93 has been supplemented with part 12 under Law No. 1532-VIII of 20.09.2016}

Article 94. The right of a private partner, in particular a concessionaire, to a land plot

1. For the implementation of public-private partnership, including concessions, land plots (except for concessions for construction and further operation of highways) shall be leased to a private partner (concessionaire) in accordance with the procedure established by this Code.

2. Land plots required for the implementation of a public-private partnership (implementation of a project carried out on the terms of a concession) and specified in the decision on the feasibility of a public-private partnership (concession) and/or a contract concluded within a public-private partnership (concession contract), shall be leased exclusively to a private partner, concessionaire, determined in the manner prescribed by the Law of Ukraine “On Concession” or the Law of Ukraine “On Public-Private Partnership”.

These land plots may be transferred to other persons only if the state partner or concessionaire decides to cancel the tender or recognise the tender as not having taken place.

Executive authorities, local governments, which in accordance with this Code are empowered to transfer land for use, shall be obliged within three months from the date of application to transfer to a private partner (concessionaire) a land plot (plots), defined by the contract concluded within the framework of public-private partnership (concession contract), for lease for the period of such contract (except for the concession for construction and further operation of roads).

3. Land plots necessary for the implementation of public-private partnership (implementation of a project carried out on the terms of a concession) and specified in the decision on the feasibility of public-private partnership (concession) may not be divided, combined with other land plots, pledged, privatised and delivered into use before the transfer of such land plot to a private partner (concessionaire) or the state partner (concessionaire) the decision to cancel the tender or recognition of the concession tender as not having taken place (if the land plot has been formed before the announcement of tender).

4. The transfer to the concessionaire or private partner of buildings, structures, other immovable property of state and/or municipal institutions, organisations shall be the basis for termination of the rights of permanent use of a land plot on which they are located and which are necessary for public-private partnership (concessions), except in the case of concessions for construction (new construction, reconstruction and overhaul) and further operation of roads.

Termination of the right of permanent use of the land shall be subject to the decision of the executive authority or local government, whose powers include the provision of the land plot for lease at the request of a private partner, concessionaire.

5. Termination of the right of permanent use of the land plot (plots), defined by part 4 of this article, shall not be subject to the land user's consent. Concurrently with the termination of the right of permanent use of state-owned or municipal land plot, the relevant land plot shall be transferred for lease to a private partner, concessionaire.

{Article 94 as revised by Law No. 155-IX of 03.10.2019}

Article 95. Land users' rights

1. Land users, unless otherwise provided for by law or contract, shall have the right to:

a) manage the land independently;

b) own the seeds and plantings of agricultural and other crops, as well as to own manufactured products;

{Clause “b” of part 1 of Article 95 as amended by Law No. 3404-IV of 08.02.2006}

c) use common minerals, peat, forests, water bodies, as well as other useful land properties, available on the land plot in the prescribed manner for their own needs;

{Clause “c” of part 1 of Article 95 as amended by Law No. 3404-IV of 08.02.2006}

d) for damages in cases provided for by the law;

e) build residential buildings, industrial and other facilities and structures.

2. Violated rights of land users shall be subject to restoration in the manner prescribed by the law.

Article 96. Land users' responsibilities

1. Land users shall:

a) ensure the use of land for its intended purpose and at their own expense restore the land in case of illegal change of its relief, except if such a change is not performed by the land owner;

{Clause “a” of part 1 of Article 96 revised by Law No. 1708-VI of 05.11.2009}

b) comply with the requirements of environmental legislation;

c) pay land tax or lease payment in a timely manner;

d) not violate the rights of adjacent land plots' owners and land users;

e) increase soil fertility and preserve other useful soil properties;

f) in a timely manner, provide the relevant executive authorities and local governments with data on the condition and use of land and other natural resources according to the procedure established by the law;

g) comply with the rules of good neighbourliness and restrictions related to the establishment of land easements and protection zones;

h) store geodetic signs, anti-erosion structures, networks of irrigation and drainage systems;

i) prevent the burning of dry vegetation or its remnants in violation of the procedure established by the central executive authority, shaping state policies in the field of environmental protection;

{Part 1 of Article 96 has been supplemented with clause “i” under Law No. 1259-IX of 19.02.2021 – shall be enacted since 17.06.2021}

j) mow (with harvesting) and plow the land plots adjacent to peatlands, field-protective forest belts, hayfield, pastures, areas with steppe, wetland and other natural vegetation, in the right-of-way zones of roads and railways.

{Part 1 of Article 96 has been supplemented with clause “j” under Law No. 1259-IX of 19.02.2021 – shall be enacted since 17.06.2021}

2. The law may define other responsibilities of land users.

Article 97. Responsibilities of enterprises, institutions and organisations conducting geological exploration

1. Enterprises, institutions and organisations carrying out geological surveying, exploration, geodetic and other exploration works may carry out such works by virtue of an agreement with the land owner or with the land user's consent.

2. The period and venue of exploration shall be determined by agreement of the parties.

3. Exploration on the lands of reserves, national dendrological, botanical, memorial parks, burials and archaeological monuments shall be allowed in exceptional cases by the decision of the Cabinet of Ministers of Ukraine.

4. Enterprises, institutions and organisations carrying out geological exploration shall compensate the landowners or land users for all losses, including unearned income, as well as at their own expense to restore the occupied land plots.

{Part 4 of Article 97 as amended by Law No. 2314-VIII of 01.03.2018}

5. Disputes arising during geological exploration shall be resolved in court.

6. While moving from the research and commercial development to the commercial development, the enterprises, institutions and organisations conducting geological exploration shall be allowed to use the land plot based on the agreement to conduct geological exploration with the land owner or with the land user as may be agreed for the period of documents certifying the right to use the relevant land plot.

{Article 97 has been supplemented with part 6 under Law No. 2314-VIII of 01.03.2018}

Article 97-1. Responsibilities of amber subsoil users conducting geological exploration and/or amber mining

1. The holder of a special permit for the use of amber subsoil shall be allowed to use the land plot by virtue of the contract for geological exploration and mining concluded with the land owner and/or as may be agreed with the land user, subject to mandatory approval of stock assessment in the manner prescribed by the law after geological study in the relevant area of amber subsoil. The standard form of the specified contract shall be approved by the Cabinet of Ministers of Ukraine.

{Chapter 15 has been supplemented with Article 97-1 under Law No. 402-IX of 19.12.2019}

Chapter 16
Land easement right

Article 98. Content of the land easement right

1. Land easement right shall mean the right of the land plot's owner or user or other interested person to limited paid or gratuitous use of any third person's land plot (plots).

{Part 1 of Article 98 as amended by Law No. 2314-VIII of 01.03.2018}

2. Land easements may be permanent and temporary.

The land easement period established by a contract between the person requesting its establishment and the land user may not exceed the period for which such land plot is transferred for use to the land user.

{Part 2 of Article 98 has been supplemented with paragraph 2 under Law No. 2498-VIII of 10.07.2018}

3. The establishment of a land easement shall not mean that the owner of the land plot subject to land easement will be deprived of the rights to own, use and manage this land plot.

4. The land easement shall be carried out in the least burdensome manner for the land plot owner in respect of which it has been established.

Article 99. Types of the land easement right

Owners or users of land plots or other interested persons may require the establishment of the following land easements:

{Paragraph 1 of Article 99 as amended by Law No. 2314-VIII of 01.03.2018}

a) the right of passage and riding a bicycle;

b) the right of way by vehicle on the existing path;

c) the right to place temporary structures (small architectural forms);

{Clause “c” of Article 99 as revised by Law No. 191-VIII of 12.02.2015}

c-1) the right to build and allocate oil and gas facilities;

{Article 99 has been supplemented with clause “c-1” under Law No. 2314-VIII of 01.03.2018}

c-2) the right to place pipeline transport facilities;

{Article 99 has been supplemented with clause “c-2” under Law No. 2314-VIII of 01.03.2018}

c-3) the right to use the land plot for the needs of research and commercial development of amber deposits, other minerals of national importance and/or extraction of amber, other minerals of national importance, provided that the rights of the land owner specified in Article 98 of this Code are not violated;

{Article 99 has been supplemented with clause “c-3” under Law No. 402-IX of 19.12.2019}

d) the right to lay a water supply system on third person's land plot from third person's natural reservoir or through third person's land plot;

d-1) the right to place (move, transfer) the objects of engineering infrastructure of amelioration systems;

{Article 99 has been supplemented with clause “d-1” under Law No. 2498-VIII of 10.07.2018}

e) the right to drain water from the own land plot to a neighbouring land plot or through a neighbouring land plot;

f) the right to take water from a natural water body located on a neighbouring land plot, and the right of access to a natural water body;

g) the right to water their cattle from a natural water body located on a neighbouring land plot, and the right to drive cattle to a natural water body;

h) the right to drive cattle along the existing path;

i) the right to install construction scaffolding and storage of construction materials for the purpose of repairing buildings and structures;

о) other land easements.

Article 100. The procedure for establishing land easements

1. An easement may be established by a contract, law, will or court decision. An easement may belong to the owner (possessor) of a neighbouring land plot, as well as to another specifically identified person (personal easement).

2. A land easement may be established by an agreement between the person requesting its establishment and the owner (land user) of the land plot.

{Paragraph 1 of part 2 of Article 100 as amended by Law No. 2498-VIII of 10.07.2018}

As the parties may agree, the contract on land easement may be certified by a notary.

{Part 1 of Article 100 has been supplemented with a new paragraph under Law No. 340-IX of 05.12.2019}

The owner of the land plot may also set a requirement for the notarial certification of the land easement contract, as well as cancel such a requirement. Setting (cancellation) of the requirement shall be a unilateral deed subject to notarial certification. Such a requirement is an encumbrance of property rights to the land plot and shall be subject to state registration in the manner prescribed by law.

{Part 1 of Article 100 has been supplemented with a new paragraph under Law No. 340-IX of 05.12.2019}

Land easement shall be subject to state registration in the manner prescribed for the state registration of rights to immovable property.

{Paragraph of part 2 of Article 100 as amended by Law No. 402-VII of 04.07.2013}

{Article 100 as revised by Law No. 997-V of 27.04.2007}

Article 101. Effect of land easement

1. The land easement shall be effective if the rights to the land plot subject to land easement, transfer to another person.

2. The land easement may not be the subject of sale, pledge and may not be transferred in any way by the person in whose interests the easement is established, to other individuals and legal entities.

3. The owner, land user of the land plot in respect of which the land easement has been established, shall have the right to demand a payment for its establishment from the persons in whose interests the land easement has been established, unless otherwise provided for by the law.

4. The owner of the land plot in respect of which a land easement has been established shall have the right to compensation for damages caused by the establishment of a land easement.

Article 102. Termination of land easement

1. The land easement shall cease to be effective in the following cases:

a) if the subject of right of land easement in whose interests it has been established and the land plot owner are the same person;

b) refusal of the person in whose interests the land easement has been established;

c) court decision on cancellation of land easement;

d) expiration of the period for which the land easement has been established;

e) non-use of land easement for three years;

f) violation by the easement owner of the easement use terms.

2. At the request of the land plot owner in respect of which the land easement has been established, this easement may be terminated in court in the following cases:

a) grounds for its establishment have ceased to be effective;

b) when the establishment of a land easement makes it impossible to use the land plot in respect of which the land easement has been established, for its intended purpose.

Chapter 16-1
The right to use third party's land plot for agricultural purposes or for the construction

Article 102-1. Grounds for acquisition and content of the right to use third party's land for agricultural purposes or for the construction

1. The right to use third party's land plot for agricultural purposes (emphyteusis) and the right to use third party's land plot for the construction (superficies) shall arise by virtue of the contract between the land plot owner and a person who has expressed a desire to use this land for such needs, in accordance with the Civil Code of Ukraine.

The right to use third party's land plot for the construction (superficies) may also arise by virtue of a will.

2. The right to use third party's land plot for agricultural purposes (emphyteusis) and the right to use third party's land plot for the construction (superficies) may be alienated or transferred by inheritance, except as provided in part three of this article.

{Part 2 of Article 102-1as amended by Law No. 509-VI of 16.09.2008}

3. The right to use a state-owned or municipal land plot may neither be alienated by its land user to other persons (except in cases of transfer of ownership for buildings and structures), nor contributed to the authorised capital, or pledged.

{Article 102-1 has been supplemented with a part under Law No. 509-VI of 16.09.2008}

4. The period of use of the state-owned or municipal or private land plot for agricultural needs (emphyteusis), as well as the period of use of the state-owned or municipal land plot for construction (superficies) may not exceed 50 years.

{Article 102-1 has been supplemented with a part under Law No. 509-VI of 16.09.2008; as revised by Law No. 2498-VIII of 10.07.2018}

5. The fee for the use of state-owned or municipal land plot, defined in the contracts on granting the right to use third party's land plot for agricultural purposes (emphyteusis) or the right to use third party's land plot for construction (superficies), concluded at the land auctions, may not be reduced by agreement of the parties during the contract period, as well as in case of its renewal.

{Article 102-1 has been supplemented with a new part under Law No. 340-IX of 05.12.2019}

6. The conclusion of contracts on granting the right to use a land plot for agricultural purposes or for the construction shall be carried out in accordance with the Civil Code of Ukraine, taking into account the requirements of this Code.

By agreement of the parties, the contracts on granting the right to use a land plot for agricultural purposes or for the construction may be certified by a notary.

{Part 6 of Article102-1 has been supplemented with paragraph 2 under Law No. 340-IX of 05.12.2019}

The owner of the land plot may also set a requirement that the contracts on granting the right to use the land plot for agricultural purposes (emphyteusis) or for the construction (superficies) are subject to the notarial certification, as well as cancel such a requirement. Setting (cancellation) of the requirement shall be a unilateral deed subject to notarial certification. Such a requirement is an encumbrance of property rights to the land plot and shall be subject to state registration in the manner prescribed by law.

{Part 6 of Article 102-1 has been supplemented with paragraph 3 under Law No. 340-IX of 05.12.2019}

7. The right to use third party's land plot for agricultural purposes (emphyteusis) and the right to use third party's land plot for the construction (superficies) shall become void in the case of:

1) the owner of the land plot and the land user are the same person;

2) the expiration of the period for which the right of use has been granted;

3) alienation of private land plot for public needs or for reasons of public necessity;

{Clause 3 of Article 102-1 as revised by Law No. 5070-VI of 05.07.2012}

3-1) adoption by the authorised body of the executive authority or the local government of the decision on use of the state-owned or municipal land plot for public needs;

{Part of Article 102-1 has been supplemented with clause 3-1 under Law No. 5070-VI of 05.07.2012}

4) non-use of a land plot for the construction in case of using third party's land plot for construction within three years;

5) termination of the contract concluded within the framework of a public-private partnership (in respect of emphyteusis and superficies contracts concluded within the framework of such a partnership);

{Part of Article 102-1 has been supplemented with clause 5 under Law No. 2404-VI of 01.07.2010}

8. Termination of the emphyteusis contract, superficies of state-oned or municipal land on the grounds specified in paragraph 3-1 of part 6 of this article, shall be carried out according to the rules established by Article 32-1 of the Law of Ukraine “On Land Lease”.

{Part of Article 102-1 as revised by Law No. 5070-VI of 05.07.2012}

{Code has been supplemented with chapter 16-1 under Law No. 997-V of 27.04.2007}

Chapter 17
Good neighbourliness

Article 103. The content of good neighbourliness

1. Owners and users of land plots shall use the land plots in accordance with their intended purpose, where owners users of neighbouring land plots are caused the least inconvenience (shading, smoke pollution, odours, noise, etc.).

2. Owners and users of land plots shall not use the land plots in ways that prevent the owners and users of neighbouring land plots from using them for their intended purpose (unacceptable impact).

3. Owners and users of land plots shall collaborate to ensure the enforcement of their land rights and the use of these plots with the introduction and observance of advanced technologies for growing crops and land protection (land plots exchange, rational organisation of territories, observance of crop rotation, as well as installation and maintenance of boundary signs, etc.).

Article 104. Prevention of harmful effects on the neighbouring land plot

Owners and users of land plots may demand the cessation of activities on a neighbouring land plot leading to harmful effects on human health, animals, air, land plots etc.

Article 105. Consequences of penetration into the land plot of trees' branches and roots

If the trees' branches and roots penetrate from one land plot to another, owners and users of land plots shall have the right to cut off the roots of trees and bushes that penetrate from the neighbouring land plot, if such penetration is an obstacle to using the land plot for its intended purpose.

Article 106. Responsibilities for defining common boundaries

1. The land plot owner shall have the right to demand from the owner of the neighbouring land plot to assist in establishing clear boundaries, as well as in restoring the boundary signs in cases when they have disappeared, moved or become indistinct.

2. Types of boundary signs and the procedure for restoration of boundaries shall be determined by the central executive authority shaping state policies in the field of land relations.

{Part 2 of Article 106 as amended by Law No. 5462-VI of 16.10.2012}

3. The costs for establishing adjacent boundaries shall be borne by the owners of land plots in equal parts, unless otherwise established by their mutual agreement.

Article 107. Restoration of boundaries

1. The data of land cadastral documents shall form the basis for the restoration of boundaries.

2. If it is impossible to identify the actual boundaries, these shall be established according to the actual use of a land plot. If the actual use of the land plot cannot be established, then the equal part of the disputed land plot shall be allocated to the parties.

3. In cases when such definition of boundaries is not consistent with the identified circumstances, in particular with the established sizes of land plots, the boundaries shall be determined taking into account these circumstances.

Article 108. Shared use of boundary structures

1. In cases when neighbouring land plots are separated by a vegetation stripe, path, stream, canal, wall, fence or other structure, these land plots' owners shall have the right to their joint use, unless external features indicate that the structure belongs to only one from the neighbours.

2. Owners of neighbouring land plots may use boundary structures jointly by their mutual agreement. Neighbours shall bear the costs of maintaining the structure in good condition in equal parts. As long as one of the neighbours is interested in the further existence of the joint border structure, it cannot be liquidated or changed without their consent.

Article 109. Use of trees standing on the land plot's boundary

1. Trees standing on the border of adjacent land plots, as well as these trees' fruits shall belong to these land plots' owners in equal parts.

2. Each of the neighbours may demand to remove the trees standing on the common boundary. The costs related to the removal of these trees shall be borne by the neighbours in equal parts.

3. A neighbour demanding to remove the trees standing on a common boundary shall bear the costs related to the removal of these trees if the other neighbour waives their rights to the trees.

4. The requirement for the removal of trees (bushes) shall be excluded if they serve as boundary signs and, depending on the circumstances, cannot be replaced by other boundary signs.

Chapter 18
Limitation of land rights

Article 110. The concept of limitation on the use of land plots, encumbrance of land plot rights

{Title of Article 110 as revised by Law No. 3613-VI of 07.07.2011}

1. The limitations may be imposed on the use of a land plot or part thereof by the owner.

Right of ownership of a land plot may be encumbered by third parties' rights.

{Part 1 of Article 110 as revised by Law No. 3613-VI of 07.07.2011}

2. The transfer of the ownership right of the land plot shall not terminate the established limitations and encumbrances.

{Part 2 of Article 110 as revised by Law No. 3613-VI of 07.07.2011}

3. Division or assembly of land plots shall not terminate the limitations, encumbrances imposed on land plots, except in cases when the limitation (encumbrance) extended only to the part of the land plot which as a result of land division was not included in the formed new land plot.

{Article 110 has been supplemented with part 3 under Law No. 1066-VI of 05.03.2009}

Article 111. Encumbrance of land plot rights, limitations on the use of land plots

1. Encumbrance of land plot rights shall be established by law or an act of the authorised state authority, an official, or a contract by means of establishing a ban on the use and/or disposal, including by its alienation.

2. The following limitations on the use of land plots may be established by a law and any relative adopted regulatory acts, a contract, or a court decision:

a) a condition to begin and complete the building-up or development of a land plot within the prescribed period;

b) a ban on certain activities;

c) a ban on changing the purpose of the land plot, landscape;

d) a condition to carry out construction, repair or maintenance of the road, road section;

e) a condition to observe the nature protection requirements or perform certain works;

f) the conditions to grant the right to hunt, catch the fish, collect wild plants on their land plot at the prescribed time and manner;

g) an obligation to maintain and preserve field-protective forest belts.

{Part 2 of Article 111 has been supplemented with clause “g” under Law No. 2498-VIII of 10.07.2018}

3. Encumbrances of land plot rights (except for encumbrances directly established by the law) shall be subject to state registration in the State Register of Property Rights to Immovable Property in accordance with the procedure established by the law.

4. Limitations on the use of land plots (except for limitations directly established by law and regulatory acts adopted in accordance with them) shall be subject to state registration in the State Land Cadastre in the manner prescribed by the law and shall be valid from the moment of state registration.

Limitations on the use of land plots, directly established by the laws and regulatory acts adopted in accordance with them, shall be valid from the date of entry into force of the regulatory acts by which they were established.

5. Information about the limitations on the use of land plots shall be indicated in land management schemes and feasibility studies of land use and protection of administrative-territorial units, land management projects for the organisation and establishment of boundaries of territories of nature reserve fund and other environmental, health-improving, recreational, historical-cultural purposes, forest fund lands, water fund lands and the lands of water protection zones, limitations on the use of lands and their regime-forming objects, land management projects providing ecological and economic substantiation of crop rotation and landscaping, land management projects for land allocation, technical documentation on land management for installation (restoration) of the land plot's boundaries in kind (on the ground). Information on such limitations shall be entered into the State Land Cadastre.

{Part 5 of Article 111as amended by Law No. 497-VIII of 02.06.2015}

{Article 111 as amended by Law No. 1559-VI of 17.11.2009; the text of Article 111 as revised by Law No. 1878-VI of 11.02.2010; as revised by Law No. 3613-VI of 07.07.2011}

Article 112. Protection zones

1. Protection zones shall be created:

a) around especially valuable natural objects, objects of cultural heritage, hydrometeorological stations, etc. for the purpose of protection and defence against adverse anthropogenic influences;

b) along communication lines, power lines, transport lands, around industrial facilities to ensure optimal conditions of their operation, prevent damages, as well as reduce their negative impact on people and the environment, adjacent lands and other natural objects.

2. The legal regime of lands pertaining to the protection zones shall be determined by the legislation of Ukraine.

Article 113. Sanitary protection zones

1. Sanitary protection zones shall be created around the facilities with the underground and open water supply sources, water intake and water treatment facilities, water mains, health facilities etc., for their sanitary and epidemiological protection.

2. Within the sanitary protection zones, any activities that may cause damage to underground and open water supply sources, water intake and water treatment facilities, water mains, health facilities, around which they are created, shall be prohibited.

3. The legal regime of lands of sanitary protection zones shall be determined by the legislation of Ukraine.

Article 114. Controlled access zones

1. Controlled access zones shall be created around objects that are sources of harmful substances, odours, high noise levels, vibration, ultrasonic and electromagnetic waves, electronic fields, ionizing radiation, etc., to separate such objects from the residential areas.

2. Within controlled access zones, the construction of residential facilities, social infrastructure facilities and other facilities related to the permanent stay of people shall be prohibited.

3. The legal regime of lands pertaining to the controlled access zones shall be determined by the legislation of Ukraine.

Article 115. Areas of special land use regime

1. Zones of special land use regime shall be created around military facilities of the Armed Forces of Ukraine and other military units formed in accordance with the legislation of Ukraine to ensure the functioning of these facilities, preservation of armaments, military equipment and other military property, protection of the state border of Ukraine, as well as protection of the population, economic facilities and the environment from the impact of emergencies, natural disasters and fires that may occur at these facilities.

2. A boundary strip shall be established along the state border of Ukraine, within which a special regime of land use shall apply.

3. The size and legal regime of the boundary strip shall be established in accordance with the law.

Section IV
ACQUISITION AND ENFORCEMENT OF LAND RIGHT

Chapter 19
Acquisition of land rights by citizens and legal entities

Article 116. Grounds for acquisition of land rights from the state-owned and municipal lands

{Title of Article 116 as amended by Law No. 5245-VI of 06.09.2012}

1. Citizens and legal entities shall acquire rights to own and to use land plots from state-owned or municipal lands by decision of executive authorities or local governments within the limits of their powers determined by this Code or by auction results.

{Paragraph 1 of part 1 of Article 116 as amended by Law No. 509-VI of 16.09.2008}

Acquisition of ownership right by citizens and legal entities to land plots comprising objects to be privatised shall comply with the procedure specified in part one of Article 128 of this Code.

{Part 1 of Article 116 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – the amendment has been recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008}

2. Acquisition of the land right by citizens and legal entities shall be carried out by means of transferring land plots into ownership or providing them for use.

3. Free transfer of land plots to the ownership of citizens shall be carried out in the case of:

a) privatisation of land plots used by citizens;

b) obtaining land plots as a result of privatisation of state-owned and municipal agricultural enterprises, institutions and organisations;

c) receipt of land plots from state-owned and municipal lands within the norms of free privatisation determined by this Code.

4. The transfer of land plots free of charge to the ownership of citizens within the norms specified by this Code shall be carried out once for each type of use.

5. Land plots owned or used by citizens or legal entities shall be transferred to the ownership or use by decision of executive authorities or local governments only after termination of ownership or use in the manner prescribed by the law.

{Part 5 of Article 116 as revised by Law No. 5245-VI of 06.09.2012}

Article 117. Transfer of state-owned land plots into municipal ownership or municipal land plots into state ownership

1. The transfer of state-owned land plots into municipal ownership or vice versa shall be carried out based on decisions of relevant executive authorities or local governments disposing of the lands in state or municipal ownership according to powers specified in this Code.

The decision of executive authorities or local governments on the transfer of land into state or municipal ownership shall comprise the cadastral number of the land plot, its location, area, purpose, information on encumbrance of property rights to the land plot, restrictions on its use.

Based on the decision issued by executive authorities or local governments relating to the transfer of the land plot into the state or municipal ownership, a transfer and acceptance certificate of such land plot shall be executed.

The decision of executive bodies or local governments on the transfer of land into state or municipal ownership together with the transfer and acceptance certificate of such land shall be the basis for state registration of ownership of the state, territorial community within it.

2. State-owned lands that cannot be transferred into municipal ownership include land plots used by the Black Sea Fleet of the Russian Federation on the territory of Ukraine based on international treaties approved by the Verkhovna Rada of Ukraine, land plots comprising buildings, structures, other objects of state-owned immovable property, as well as land plots that are in constant use of state authorities, state enterprises, institutions, organisations, except in cases when such objects are transferred into municipal ownership.

3. Municipal lands that cannot be transferred into state ownership shall include land plots comprising buildings, structures, other objects of municipal immovable property, as well as land plots that are in permanent use of local governments, municipal enterprises, institutions, organisations, except in cases when such objects are transferred into municipal ownership.

{Article 117 as revised by Law No. 5245-VI of 06.09.2012}

Article 118. Procedure for free privatisation of land plots by citizens

1. A citizen interested in privatisation of a land plot in their use shall submit an application to the relevant executive authority or local government, which transfers state-owned or municipal land plots into ownership according to powers specified in Article 122 of this Code. If the state-owned land plot is located outside settlements and is not part of a certain raion, the application shall be submitted to the Council of Ministers of the Autonomous Republic of Crimea.

{Part 1 of Article 118 as revised by Law No. 3123-VI of 03.03.2011; as amended by Law No. 5245-VI of 06.09.2012}

2. Decisions of executive authorities and local governments on privatisation of land plots shall be made within a month based on technical materials and documents confirming the size of the land plot.

3. Citizens that are employees of state and municipal agricultural enterprises, institutions and organisations, as well as pensioners from among them, interested in obtaining free ownership of land plots that are in the permanent use of these enterprises, institutions and organisations, shall apply for the privatisation of these lands to the relevant executive authority or local government transferring state-owned or municipal land plots into the ownership according to powers specified in Article 122 of this Code.

{Part 3 of Article 118 as amended by Laws No. 3123-VI of 03.03.2011, No. 5245-VI of 06.09.2012}

4. The relevant local government or executive authority shall, within one month, consider the application and grant permission to enterprises, institutions and organisations to develop a land privatisation project.

5. The transfer of land ownership to citizens that are employees of state and municipal agricultural enterprises, institutions and organisations, as well as pensioners from among them shall be carried out after the approval of the land privatisation project in the manner prescribed by this Code.

6. Citizens interested in obtaining free ownership of land from state-owned or municipal lands for individual farming, personal peasant farming, gardening, construction and maintenance of a residential house, outbuildings and structures (homestead), individual country house construction, individual garage construction within the norms of free privatisation, shall apply to the relevant executive authority or local government transferring state-owned or municipal land plots into ownership according to powers specified in Article 122 of this Code. The application shall indicate the purpose of the land plot and its approximate size. The application shall be accompanied by graphic materials indicating the desired location of the land plot, the consent of the land user (in case of withdrawal of the land plot used by other persons) and documents confirming experience in agriculture or education obtained in an agricultural educational institution (in case of providing a land plot for individual farming). If the state-owned land plot is located outside settlements and is not part of a certain raion, the application shall be submitted to the Council of Ministers of the Autonomous Republic of Crimea. The Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive authorities or local governments transferring state-owned or municipal land plots into ownership according to powers specified in Article 122 of this Code may not request additional materials and documents not provided by this Article.

{Part 6 of Article 118 as amended by Law No. 509-VI of 16.09.2008; as revised by Laws No. 1702-VI of 05.11.2009, No. 3123-VI of 03.03.2011; as amended by Laws No. 3523-VI of 16.06.2011, No. 5245-VI of 06.09.2012, No. 5395-VI of 02.10.2012, No. 366-VII of 02.07.2013}

7. The relevant executive authority or local government transferring state-owned or municipal land plots into ownership according to powers specified in Article 122 of this Code shall consider the application within a month and give permission to develop a land engineering project for allotment of a land plot or give a reasoned refusal to provide it. The grounds for the refusal to grant such a permit may be only the non-compliance of the object's location with the legal requirements, the duly adopted regulatory acts, master plans of settlements and other urban planning documentation, land engineering schemes and feasibility studies for the use and defence of administrative-territorial units, land engineering projects for landscaping of settlements, approved in the manner prescribed by the law.

{Paragraph 1 of part 7 of Article 118 as amended by Laws No. 3123-VI of 03.03.2011, No. 5245-VI of 06.09.2012}

The land engineering project for allotment of a land plot shall be developed at the request of citizens by economic entities that are executors of land engineering works in accordance with the law, within the periods as agreed between parties.

{Paragraph 2 of part 7 of Article 118 as amended by Law No. 5394-VI of 02.10.2012}

If the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the relevant executive authority or local government transferring state-owned or municipal land plots into ownership under Article 122 of this Code, has not granted permission to develop a land engineering project for the allocation of land or a motivated refusal to provide it, within one month from the date of registration of the application, the person interested in obtaining free ownership of land from state or municipal lands, within one month from the end of this period shall have the right to place an order to develop the land engineering project for the allocation of land without such a permission, having notified thereof in writing the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the relevant executive authority or local government. The written notice shall be accompanied by a contract for land engineering works on land allocation.

{Part 7 of Article 118 has been supplemented with paragraph 3 under Law No. 366-VII of 02.07.2013}

{Part 7 of Article 118 as revised by Laws No. 509-VI of 16.09.2008, No. 1702-VI of 05.11.2009}

8. The land engineering project for land plot allocation shall be approved following the procedure established by Article 186-1 of this Code.

{Part 8 of Article 118 as revised by Laws No. 1702-VI of 05.11.2009, No. 5395-VI of 02.10.2012}

{For amendments to part 8 of Article 118, refer to Law No. 5462-VI of 16.10.2012}

9. Relevant executive authority or local government transferring state-owned or municipal land plots into ownership in accordance with the powers specified in Article 122 of this Code, within two weeks from the date of receipt of the agreed land management project for allotment of a land plot (and mandatory state examination of land management documents in accordance with the law, if necessary, after receiving a positive conclusion of such examination) shall decide on the approval of the land management project for the allocation of land plot and its transfer into ownership.

{Part 9 of Article 118 as revised by Laws No. 1626-IV of 18.03.2004, No. 1702-VI of 05.11.2009; as amended by Laws No. 3123-VI of 03.03.2011, No. 5245-VI of 06.09.2012}

10. The refusal of an executive authority or a local government to transfer a land plot into ownership or dismissal of an application without consideration may be appealed in court.

{Part 10 of Article 118 as revised by Law No. 1702-VI of 05.11.2009}

11. In case of refusal of the executive authority or local government to transfer the land plot into ownership or dismiss the application without consideration, the issue shall be resolved in court.

Article 119. Acquisition of the right to a land plot by acquisitive prescription (usucaption)

1. Citizens who in good faith, transparently and continuously use the land plot for 15 years, but do not have documents proving that they have rights to this land plot, may apply to a state authority, the Council of Ministers of the Autonomous Republic of Crimea or a local government with a request to transfer to acquire the right to own or to use it. The size of this land plot shall be set within the norms defined by this Code.

{Part 1 of Article 119 as amended by Law No. 3123-VI of 03.03.2011}

2. The transfer of a land plot to the ownership or use of citizens on the basis of the acquisitive prescription shall be carried out in accordance with the procedure established by this Code.

Article 120. Transfer of the right to a land plot in case of acquiring the right to a residential house, building or structure

1. In case of acquisition of the ownership right to the residential house, the building or the construction which are owned, used by another person, the right of ownership and the right of use of the land plot comprising these objects shall be terminated. A person who has acquired the right of ownership of a residential house, building or structure located on a land plot owned by another person shall acquire the right of ownership to the land plot or its part comprising these objects, without changing its purpose.

2. If a residential house, building or structure is located on a land plot in use, then in case of acquisition of ownership right of these objects, the acquirer shall obtain a right to use the land plot comprising them, on the conditions and in the amount equal to those of the previous land user.

3. In case of transfer of ownership of a house or its part from one person to another under a lifetime maintenance agreement, the right to a land plot shall be transferred on the conditions under which this land plot was in possession of the previous land owner (land user).

4. In case of acquisition of ownership of a residential house, building or structure by several persons, the right to a land plot shall be determined in proportion to the shares of persons in the right of ownership of a residential house, building or structure.

5. In case of acquisition of ownership of a residential house, building or structure by individuals or legal persons who cannot own land plots, the right to use the land plot comprising the residential house, building or structure shall be transferred to them on lease conditions.

6. An essential condition of the contract stipulating the acquisition of ownership of a residential house, building or structure, shall be the cadastral number of the land plot, the right to which passes due to the acquisition of ownership of these objects, except for state property, to be sold by means of privatisation.

{Paragraph 1 of part 6 of Article 120 as amended by Law No. 2269-VIII of 18.01.2018}

The conclusion of a contract stipulating the acquisition of ownership of a residential house, building or structure associated with the transfer of rights to part of the land, shall be carried out after the allocation of this part as a separate land plot and assigning it an individual cadastral number.

In case of acquisition of ownership of a residential house (except for a multi-family residential building), which is located on state or municipal lands used by another person, and if it is needed to divide the land plot, the area of the formed land plot cannot be less than the maximum size of land plots of the relevant purpose, defined in Article 121 of the Land Code of Ukraine (except for cases when the formation of a land plot in this size is impossible).

{Article 120 as amended by Law No. 997-V of 27.04.2007; as revised by Law No. 1702-VI of 05.11.2009}

Article 121. Norms of free land plot's transfer to citizens

1. Citizens of Ukraine shall have the right to free transfer of land plots from state-owned or municipal lands in the following sizes:

a) for individual farming, in the size of land share (pai), determined for members of agricultural enterprises located on the territory of the village, settlement, city council, where the farm is located. If there are several agricultural enterprises on the territory of a village, settlement or city council, the size of the land share (pai) shall be determined as the average for these enterprises. In the absence of agricultural enterprises on the territory of the relevant council, the size of the land share (pai) shall be determined as the average for the raion;

b) for personal peasant farming, not more than 2.0 hectares;

c) for gardening, not more than 0.12 hectares;

d) for the construction and maintenance of a residential house, farm buildings and structures (homestead) in villages, not more than 0.25 hectares; in settlements, not more than 0.15 hectares; in cities, not more than 0.10 hectares;

e) for individual country house construction, not more than 0.10 hectares;

f) for individual garage construction, not more than 0.01 hectares.

2. The size of land plots transferred free of charge to a citizen for personal peasant farming may be increased in case of receiving a land share (pai) in kind (on the ground).

3. The size of a land plot transferred free of charge to a citizen due to the acquisition of ownership of a residential house may not be less than the maximum size of the land plot of the relevant purpose prescribed by part one of this article (unless the land plot comprising the house is smaller).

{Article 121 has been supplemented with part 3 under Law No. 1702-VI of 05.11.2009}

Article 122. Powers of executive authorities, the Verkhovna Rada of the Autonomous Republic of Crimea, local governments to transfer land plots into ownership or use

1. Village, settlement, city councils shall transfer land plots into the ownership or use from the municipal lands of the respective territorial communities for any and all needs.

2. The Verkhovna Rada of the Autonomous Republic of Crimea, oblast and raion councils shall transfer land plots into the ownership or use from the relevant lands of territorial community's common ownership for any and all needs.

3. Raion state administrations on their territory shall transfer land plots from state-owned lands, except for the cases specified in parts four and eight of this Article, into ownership or use within villages, settlements, cities of raion status for any and all needs and outside settlements for:

a) water management;

b) construction of the objects for servicing the residents of the raion territorial community (schools, cultural facilities, hospitals, commercial enterprises, etc.), taking into account the requirements of part seven of this article;

c) individual country house construction.

4. The central executive authority for land resources in the field of land relations and its territorial bodies shall transfer state-owned agricultural land plots, except for the cases specified in part eight of this Article, into ownership or use for any and all needs.

5. Regional state administrations on their territory shall transfer land plots from state-owned lands, except for the cases specified in parts three, four and eight of this Article, into ownership or use within cities of raion status and outside settlements, as well as land plots, which are not part of a certain raion, or in cases when the district state administration has not been formed, for any and all needs.

6. Kyiv and Sevastopol city state administrations within their territories shall transfer land plots from state-owned lands, except for the cases specified in parts four and eight of this Article, into ownership or use for any and all needs.

7. The Council of Ministers of the Autonomous Republic of Crimea on the territory of the Autonomous Republic of Crimea shall transfer land plots from state-owned lands, except for the cases specified in parts three, four and eight of this Article, into ownership or use within villages, settlements, cities not included in certain raion, and outside the settlements for any and all needs, as well as agrees on the transfer of such land into the ownership or use of raion state administrations in their territory for construction of the objects for servicing the residents of the raion territorial community (schools, cultural institutions, hospitals, commercial enterprises, etc.).

8. The Cabinet of Ministers of Ukraine shall transfer land plots from state-owned lands into ownership or use in the cases specified in Article 149 of this Code, and land plots at the bottom of the territorial sea, as well as for the use of land plots of the exclusion zone and the zone of unconditional (compulsory) resettlement of the territory that has undergone radioactive contamination as a result of the Chernobyl disaster.

{Part 8 of Article 122 as amended by Laws No. 1507-VII of 17.06.2014, No. 1472-VIII of 14.07.2016}

{Part 9 of Article 122 has been deleted under Law No. 2269-VIII of 18.01.2018}

10. Land plots that are withdrawn, redeemed or forcibly alienated for public needs or for reasons of the public necessity, shall be provided into use for such needs by executive authorities and local governments that have decided to withdraw, redeem or forcibly alienate them for public needs or due to the public necessity.

{Article 122 has been supplemented with part 10 under Law No. 862-VIII of 08.12.2015}

{Article 122 as amended by Laws No. 3404-IV of 08.02.2006, No. 509-VI of 16.09.2008, No. 3123-VI of 03.03.2011, No. 4539-VI of 15.03.2012, No. 5070-VI of 05.07.2012; as revised by Law No. 5245-VI of 06.09.2012}

Article 123. The procedure for provision of state-owned or municipal land plots into use

1. The provision of state-owned or municipal land plots into use shall be carried out by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive authorities or local governments.

The decision of these authorities shall rely on the land management projects for the allocation of a land plot in the case of:

provision of a land plot with its purpose changed;

formation of a new land plot (except for division and assembly).

Provision of a land plot registered in the State Land Cadastre in accordance with the Law of Ukraine “On State Land Cadastre”, the ownership of which is registered in the State Register of Property Rights, without changing its boundaries and purpose shall be carried out without land management documents.

Provision of a land plot into use in other cases shall be subject to the land management technical documents regarding the establishment of the land plots' boundaries in kind (on the ground). In such a case, these documents shall be executed by virtue of a permit issued by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, an executive authority or a local government, in accordance with the powers specified in Article 122 of this Code, except in cases where a person interested in obtaining a land plot into use, acquires the right to order the execution of such documents without such permission.

State-owned and municipal land plots comprising state-owned and municipal buildings, structures, other immovable property objects shall be transferred to the persons specified in paragraph “a” of part 2 of Article 92 of this Code only on the right of permanent use.

An investor with significant investments, with whom a special investment contract has been concluded in accordance with the Law of Ukraine “On State Support of Investment Projects with Significant Investments” and who is interested in obtaining the state-owned or municipal land plot into use specified by the special investment contract as the land plot necessary for the investment project with significant investments, shall have the right to order the development of technical documentation on land management to establish the boundaries of such land plot in kind (on the ground) without permission of the executive authority or local government, transferring the land into use in accordance with Article 122 of this Code, subject to his notification of the relevant executive authority or local government within five working days. The written notification shall be supplied with the contract for the performance of works on land management to establish the boundaries of such land plot in kind (on the ground) with a copy of the concluded special investment contract.

{Part 1 of Article 123 has been supplemented with paragraph 8 under Law No. 1116-IX of 17.12.2020}

{Part 1 of Article 123 as amended by Laws No. 3613-VI of 07.07.2011, No. 5395-VI of 02.10.2012; as revised by Law No. 366-VII of 02.07.2013}

2. A person interested in obtaining a land plot from state or municipal lands under a land management project for its allotment shall apply to obtain a permit for its allotment, to the relevant executive authority or local government, which in accordance with the powers specified in Article 122 of this Code, shall transfer these land plots into ownership or use.

{Paragraph 1 of part 2 of Article 123 as amended by Law No. 5245-VI of 06.09.2012}

The application shall indicate the approximate size of the land plot and its purpose. The application shall be accompanied by graphic materials indicating the desired location and size of the land plot, the written consent of the land user, certified by a notary (in case of a land plot withdrawal). The Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive authorities or local governments transferring state-owned or municipal land plots into use in accordance with the powers specified in Article 122 of this Code may not request additional materials and documents not provided for by this Article.

{Paragraph 2 of part 2 of Article 123 as amended by Laws No. 5395-VI of 02.10.2012, No. 366-VII of 02.07.2013}

In case when a person who is a state partner (concessionaire) applies for obtaining a permit to develop a land management project for the allocation of a land plot in accordance with the laws of Ukraine “On Public-Private Partnership”, “On Concession” being also interested in obtaining a land plot into use for implementation of public-private partnership and the enforcement of the project carried out on the concession terms, or a person authorised by them, a copy of the decision on the feasibility of public-private partnership, in particular in the form of a concession shall be attached.

{Part 2 of Article 123 has been supplemented with paragraph 3 under Law No. 155-IX of 03.10.2019}

If an investor with significant investments, with whom a special investment contract has been concluded in accordance with the Law of Ukraine “On State Support of Investment Projects with Significant Investments”, or a person authorised by them, applies for obtaining a permit to develop a land management project for the allocation of a land plot, a copy of the concluded special investment contract and a copy of the documents confirming the powers of the authorised person shall be attached to the application.

{Part 2 of Article 123 has been supplemented with paragraph 4 under Law No. 1116-IX of 17.12.2020}

3. The relevant executive authority or local government within the scope of their powers during a month shall consider the application and give permission for the development of a land management project for the allocation of a land plot or provide a reasoned refusal to provide it. The grounds for the refusal to grant such a permit may be only the non-compliance of the land plot's location with the legal requirements, the duly adopted regulatory acts, master plans of settlements and other urban planning documentation, land management schemes and feasibility studies for the use and defence of administrative-territorial units, land management projects for landscaping of settlements, approved in the manner prescribed by the law.

It is prohibited to refuse to issue a permit for the development of a land management project for the allocation of land plots, the location of which is approved by the relevant executive authority or local government in accordance with Article 151 of this Code.

If the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the relevant executive authority or local government transferring state-owned or municipal land plots into use in accordance with Article 122 of this Code, has not granted permission to develop the land management documents or a motivated refusal to provide it, within one month from the date of registration of the application, the person interested in obtaining of a land plot into use from state or municipal lands, within one month from the end of this period shall have the right to place an order to develop the land management documents without such a permission, having notified thereof in writing the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the relevant executive authority or local government. The written notice shall be accompanied by a contract for land engineering works on land allocation.

{Part 3 of Article 123 has been supplemented with a new paragraph under Law No. 366-VII of 02.07.2013}

The conditions and terms for the development of land management projects for the allocation of land plots shall be determined by the contract concluded between the customer and the executor of these works in accordance with the standard contract. A standard contract for the development of a land management project for the allocation of a land plot shall be approved by the Cabinet of Ministers of Ukraine.

In case of establishing the boundaries of the land plot in kind (on the ground) or forming the land plot necessary for the implementation of public-private partnership (implementation of the project carried out on concession terms), the customer of land management documents shall be the state partner (concessionaire) and by order of a state or municipal enterprise, institution, organisation or economic company, 100 percent of shares (interest) of which belong to the state, the Autonomous Republic of Crimea, territorial community or other economic company, 100 percent of shares (interest) of which belong to the state.

{Part 3 of Article 123 has been supplemented with paragraph 5 under Law No. 155-IX of 03.10.2019}

4. The land management project for the allotment of a land plot shall be agreed in accordance with the procedure established by Article 186-1 of this Code.

{Part 4 of Article 123 as revised by Law No. 5395-VI of 02.10.2012}

{For amendments to part 4 of Article 123 refer to Law No. 5462-VI of 16.10.2012}

5. If the location of the object, the size and boundaries of the land plot proposed for withdrawal (redemption) and the conditions of withdrawal (redemption) of this plot in accordance with the requirements of Article 151 of this Code, have not changed during the development of land management project for the allocation of a land plot, the project shall not be subject to approval.

6. The relevant executive authority or local government shall adopt a decision whether to provide land plots into use, within two weeks from the date of receipt of the land management project for the allocation of a land plot, and if necessary, from the date of the mandatory state examination of land management documentation in accordance with the law after receiving a positive conclusion of such examination.

7. If the land plot is provided for use in coordination with the Verkhovna Rada of Ukraine, the agreed land management project on allocation of the land plot shall be submitted to the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations that shall submit their offers and positive conclusion of state examination of the land management documents with the specified draft to the Cabinet of Ministers of Ukraine, which considers these materials and submits them to the Verkhovna Rada of Ukraine for a relevant decision.

{Part 7 of Article 123 as revised by Law No. 5245-VI of 06.09.2012}

8. If the land plot is provided into use by the decision of the Cabinet of Ministers of Ukraine or in coordination with the Cabinet of Ministers of Ukraine, the agreed land management project on allocation of the land plot (except for land management projects on allocation of land plots of the exclusion zone and the zone of unconditional (compulsory) resettlement of the territory that has undergone radioactive contamination as a result of the Chernobyl disaster) shall be submitted to the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations, which shall consider it and within a month shall submit the project with their offers and a positive conclusion of the state examination of land management documents to the Cabinet of Ministers of Ukraine for adoption of the relevant decision.

Land management projects on allocation of land plots of the exclusion zone and the zone of unconditional (compulsory) resettlement of the territory that has undergone radioactive contamination as a result of the Chernobyl disaster shall be submitted to the Cabinet of Ministers of Ukraine by the central executive authority implementing state policy in the field of exclusion zone and the zone of unconditional (compulsory) resettlement management, including offers and a positive conclusion of the state examination of land management documents.

{Part 8 of Article 123 as revised by Laws No. 5245-VI of 06.09.2012, No. 1472-VIII of 14.07.2016}

9. If the land plot is provided for use by the Verkhovna Rada of the Autonomous Republic of Crimea, the agreed land management project on allotment of the land plot (and in case of a mandatory state examination of land management documents according to the law, after receiving the positive conclusion of state examination) shall be submitted to the Council of Ministers of the Republic of Crimea, which shall consider it and within a month shall submit the project with its offers to the Verkhovna Rada of the Autonomous Republic of Crimea.

{Part of Article 123 as revised by Law No. 5245-VI of 06.09.2012}

10. If the land plot is leased for a public-private partnership, in particular a concession, the agreed land management project for the allocation of a land plot, ordered by a state partner, concessionaire or on their behalf by a state or municipal enterprise, institution, organisation or economic company, 100 percent of shares (interest) of which is owned by the state, the Autonomous Republic of Crimea, territorial community or other economic company (and in case of a mandatory state examination of land management documents according to the law, after receiving a positive conclusion of state examination), shall be submitted by a private partner, concessionaire to the executive authority or local government according to the powers specified in Article 122 of this Code.

If the state-owned or municipal land plot has been formed before a private partner determination tender or a concession tender, it shall be leased after the conclusion of a concession contract or other contract within a public-private partnership.

If such a land plot is in permanent use, the decision of the executive authority, local government to lease it to a private partner, concessionaire for public-private partnership or a concession shall mean also a decision to terminate the right of permanent use of such a land plot.

The division of state-owned or municipal land plot, which is in permanent use, carried out before the private partner determination tender or a concession tender for the further lease of one or more land plots formed as a result of such division, to a private partner, concessionaire for public-private partnership, concession, shall not terminate the right of permanent use until the decision to lease it to a private partner, concessionaire is adopted.

Land plots required for a public-private partnership, in particular a concession, shall be leased to a private partner, a concessionaire for the duration of a public-private partnership agreement or a concession agreement.

{Article 123 has been supplemented with a new part under Law No. 155-IX of 03.10.2019}

11. If the land is provided for use by an investor with significant investments, with whom a special investment agreement is concluded in the manner prescribed by the Law of Ukraine “On State Support of Investment Projects with Significant Investments”, the agreed land management project for allotment of land plot and in case of mandatory state examination of land management documents in accordance with the law, after receiving a positive opinion of the state examination, shall be submitted by the investor with significant investments to the executive authority or local government in accordance with the powers defined in Article 122 of this Code.

If the state-owned or municipal land plot is formed before concluding a special investment contract under the Law of Ukraine “On State Support of Investment Projects with Significant Investments”, its transfer to the use of an investor with significant investments shall be carried out after concluding such contract pursuant to the the Law of Ukraine “On State Support of Investment Projects with Significant Investments” and a special investment contract.

The state-owned or municipal land plot formed by an executive body or local government according to the powers specified in Article 122 of this Code, for the implementation of an investment project with significant investments in the manner prescribed by the Law of Ukraine “On State Support of Investment Projects with Significant Investments” before the conclusion of the special investment contract may not be divided, privatised, transferred for use to a third party or otherwise alienated until the transfer of such land plot to the investor with significant investments with whom a special investment contract has been concluded.

If the state-owned or municipal land plot necessary for the implementation of an investment project with significant investments has been formed before the conclusion of a special investment contract, the restriction on the alienation of such land plot by executive authorities or local governments in favour of third parties shall expire after 12 months from the date of its formation, if during the specified term the special investment contract has not been concluded.

Land plots defined by a special investment contract as necessary for the implementation of an investment project with significant investments shall be transferred for use exclusively to the investor with significant investments with whom a special investment contract has been concluded under the Law of Ukraine “On State Support of Investment Projects with Significant Investments” for the duration of this contract.

{Article 123 has been supplemented with a new part under Law No. 1116-IX of 17.12.2020}

12. The decision on granting a land plot for use under the land management project regarding its allotment shall authorise:

the approval of the land management project for allocation of the land plot;

the withdrawal of land plots from land users with approval of the conditions for land plot's withdrawal (if necessary);

the granting a land plot to a person for use with determination of the use conditions and approval of the conditions of granting, including (if necessary) requirements for compensation of losses of agricultural and forestry production.

13. In case of granting state-owned land plots for permanent use to the municipal enterprises, institutions, and organisations, the state-owned land plots are concurrently transferred to the municipal ownership and vice versa.

{Article 123 has been supplemented with a new part under Law No. 5245-VI of 06.09.2012}

14. By virtue of the decision on transfer of the building, construction, other object of state-owned immovable property into municipal ownership, the decision on transfer of the land plot comprising the object to be transferred, into the municipal ownership.

By virtue of the decision on transfer of the building, construction, other object of municipal immovable property into state ownership, the land plot comprising the object to be transferred, shall also be transferred into the state ownership.

{Article 123 has been supplemented with a new part under Law No. 5245-VI of 06.09.2012}

15. The grounds for refusal to approve a land management project for the allocation of a land plot may be only its non-compliance with the legal requirements and the duly adopted regulatory acts. Changing the type of joint-stock company or transforming a joint-stock company into another business company shall not be a ground for refusing to approve a land management project or technical land management documents.

{Part of Article 123 as amended by Law No. 1983-VIII of 23.03.2017}

16. The refusal of an executive authority or a local government to transfer a land plot into use or dismissal of an application without consideration may be appealed in court.

{Article 123 as amended by Law No. 1119-IV of 11.07.2003; as revised by Laws No. 509-VI of 16.09.2008, No. 1702-VI of 05.11.2009}

Article 124. The procedure for leasing the land plots

1. State-owned or municipal land plots shall be leased by virtue of a decision of the relevant executive authority or local government according to their powers specified in Article 122 of this Code or a land lease contract (in case of the lease right sale) by concluding a land lease contract or a land lease right sale contract.

{Part 1 of Article 124 as amended by Laws No. 3123-VI of 03.03.2011, No. 5059-VI of 05.07.2012}

2. The state-owned or municipal land plots shall be leased based upon the land auctions, except for the cases established by parts 2 and 3 of Article 134 of this Code.

3. The state-owned or municipal land plots shall be leased to citizens, legal entities specified in parts 2 and 3 of Article 134 of this Code, in accordance with the procedure established by Article 123 of this Code.

4. The land plots owned by citizens and legal entities shall be leased under the lease contract between the land owner and the lessee. The basis for concluding a lease contract may be a civil law contract on the alienation of the lease right.

{Article 124 as amended by Laws No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008, No. 309-VI of 03.06.2008; as revised by Law No. 509-VI of 16.09.2008}

Article 125. Acquisition of land rights

The right of ownership of a land plot, as well as the right of permanent use and the right to lease the land plot shall arise from the moment of state registration of these rights.

{Article 125 as revised by Law No. 1066-VI of 05.03.2009}

Article 126. Registration of property rights to the land plot

The right of ownership, use of the land plot shall be registered under the Law of Ukraine “On State Registration of Immovable Property Rights and Encumbrances”

{Article 126 as revised by Law No. 1066-VI of 05.03.2009; as amended by Laws No. 3521-VI of 16.06.2011, No. 5059-VI of 05.07.2012; as revised by Law No. 3613-VI of 07.07.2011}

Article 126-1. Renewal of a land lease contract, a contract on the establishment of a land easement, contracts on granting the right to use a land plot for agricultural purposes or for construction

1. A land lease contract, a contract on the establishment of a land easement, contracts on the granting of the right to use a land plot for agricultural purposes or for construction may provide for a condition of the contract's renewal.

The condition of the contract renewal may not be provided for in the land lease contract, the contract on the establishment of a land easement, contracts on the granting of the right to use a land plot a land plot for agricultural purposes or for construction regarding the state-owned and municipal land plots, unless such land plots comprise buildings or structures owned by the user or acquirer of the right to use the land plot.

2. If the contract contains a condition on its renewal after the expiration of the contract period, this contract shall be renewed for the same period and under the same conditions. Contract renewal shall be considered the contract renewal without conclusion of the written deed on its renewal by the contractual parties in the absence of a statement of one of the parties to exclude information on the contract renewal from the State Register of Property Rights. No other actions shall be required from the contractual parties to renew the contract.

3. A party to the contract willing to exercise the right to refuse to renew the contract shall submit to the State Register of Property Rights an application for exclusion from this register of information on the renewal, not later than one month before the expiration date of such a contract.

4. In the absence of an application for exclusion from the State Register of Property Rights of information on the renewal of the contract before the expiration date of such a contract after the relevant expiration date of the contract, state registration of property rights shall be prolonged for the same period.

{Chapter 19 has been supplemented with Article 126-1 under Law No. 340-IX of 05.12.2019}

Chapter 20
Sale of land plots or the rights hereto by virtue of civil law contracts

{Title of chapter 20 as revised by Law No. 509-VI of 16.09.2008}

Article 127. Sale of state-owned or municipal land plots or the rights hereto

1. State authorities, the Council of Ministers of the Autonomous Republic of Crimea and local governments subject to their powers defined by Article 122 of this Code shall sell state-owned or municipal land plots or the rights hereto (lease, superficies, emphyteusis) to citizens, legal entities and foreign states by virtue and in the manner prescribed by this Code.

{Part 1 of Article 127 as amended by Law No. 3123-VI of 03.03.2011}

2. The sale of state-owned or municipal land plots or the rights hereto (lease, superficies, emphyteusis) on a competitive basis in the form of an auction shall be carried out in the cases and in the manner prescribed by chapter 21 of this Code.

{Article 127 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; the text of Article 127 as revised by Law No. 309-VI of 03.06.2008; as revised by Law No. 509-VI of 16.09.2008}

Article 128. Procedure for sale of state-owned and municipal land plots to citizens and legal entities

1. The sale to citizens and legal entities of state-owned (except for land plots comprising the objects to be privatised) and municipal land plots for the needs specified by this Code shall be carried out by local state administrations, the Council of Ministers of the Autonomous Republic of Crimea or local governments within the scope of their powers.

{Paragraph 2 of part 1 of Article 128 has been deleted under Law No. 2269-VIII of 18.01.2018}

Special provisions for sale of land plots comprising immovable military property subject to the disposal, as well as land plots released in course of the reformation of the Armed Forces of Ukraine, State Special Transport Service, shall be established by the law.

{Part 1 of Article 128 has been supplemented with paragraph 3 under Law No. 4226-VI of 22.12.2011}

{Part 1 of Article 128 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008}

2. Citizens and legal entities interested in acquiring land plots shall submit an application (petition) to the relevant executive authority or village, settlement, city council or state privatisation body. The application (petition) shall indicate the location of the land plot, its purpose, size and area, as well as the consent to enter into a contract on contribution of an advance payment for the settlement of the land plot price.

The application (petition) shall be supplied with the following documents:

{Part 2 of Article 128 has been supplemented with paragraph 2 under Law No. 509-VI of 16.09.2008}

a) a document certifying the right to use the land plot (if any), and documents certifying the right of ownership of immovable property (buildings and structures) located on this land plot (if the land plot comprises any buildings, structures);

{Part 2 of Article 128 has been supplemented with paragraph 3 under Law No. 509-VI of 16.09.2008;as amended by Law No. 1702-VI of 05.11.2009}

b) a copy of the constituent documents for a legal entity, and a copy of an identity document for a citizen.

{Part 2 of Article 128 has been supplemented with paragraph 4 under Law No. 509-VI of 16.09.2008}

{Clause “c” of part 2 of Article 128 has been deleted under Law No. 3205-VI of 07.04.2011}

{Part 2 of Article 128 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008; as amended by Law No. 509-VI of 16.09.2008}

3. The state authorities, the Council of Ministers of the Autonomous Republic of Crimea or a local government shall consider an application (petition) within one month and approve the decision on granting permission to develop a land management project for allocation of a land plot (if such a project has not been created) and/or on conducting the expert monetary valuation of the land plot (except for the land plots with the area of more than 50 hectares for placement of open sports, health and fitness facilities) or on the refusal of sale with the indication of the substantiated reasons of such a refusal.

{Part 3 of Article 128 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Laws No. 309-VI of 03.06.2008, No. 509-VI of 16.09.2008; as amended by Laws No. 3123-VI of 03.03.2011, No. 5059-VI of 05.07.2012}

{Part 4 of Article 128 has been deleted under Law No. 509-VI of 16.09.2008}

5. The grounds for refusal of the land plot sale shall be as follows:

a) failure to submit the documents necessary to make a decision on the sale of such a land plot;

b) identifying the unreliable data in the submitted documents.

c) if a matter of bankruptcy has been initiated against the business entity or if its activity has been terminated;

d) a ban to transfer the land plot into private ownership established by this Code;

{Part 5 of Article 128 has been supplemented with clause “d” under Law No. 509-VI of 16.09.2008}

e) refusal to conclude a contract on contribution of an advance payment for the settlement of the land plot price.

{Part 5 of Article 128 has been supplemented with clause “e” under Law No. 509-VI of 16.09.2008}

6. The decision of the Council of Ministers of the Autonomous Republic of Crimea, local state administration, village, settlement, city council on the land plot sale shall be the basis for concluding a land plot sale contract.

The contracts of sale of land plots comprising the objects to be privatised shall be concluded under the procedure specified in part 1 of this article.

{Part 6 of Article 128 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008}

7. The land plot sale contract shall be subject to certification by a notary. The document on the settlement or payment of the first instalment (in case of the land plot sale with payment by instalments) shall be the basis for issue of the state act on the property right to the land plot and its state registration.

{Part 7 of Article 128 as amended by Law No. 509-VI of 16.09.2008}

8. The land plot price shall be determined by expert monetary valuation conducted by business entities that are subjects of valuation activities in the field of land valuation pursuant to the law, at the request of state authorities, the Council of Ministers of the Autonomous Republic of Crimea or local governments. The price of a land plot with an area of more than 50 hectares for the placement of open sports, health and fitness facilities shall be determined by the standard monetary valuation specified in the technical documents. Financing of the works on expert monetary valuation of the land plot shall be carried out at the expense of the advance payment contributed by the purchaser, which cannot exceed 20 percent of the land plot value determined by the standard monetary land plot valuation.

{Paragraph 1 of part 8 of Article 128 as amended by Laws No. 3123-VI of 03.03.2011, No. 5059-VI of 05.07.2012, No. 191-VIII of 12.02.2015}

{For amendments to paragraph 1, part 8 of Article 128 refer to Law No. 222-VIII of 02.03.2015}

The advance payment amount shall be included in the sale price of the land plot. If the purchaser refuses to enter into a land plot sale contract, the advance payment amount shall not be refundable.

{Part 8 of Article 128 as revised by Law No. 509-VI of 16.09.2008}

9. Settlements for the land plot acquisition may be contributed in instalments as the parties may agree, but not more than for five years. The procedure for payment in instalments shall be determined by the Cabinet of Ministers of Ukraine.

{Part 9 of Article 128 as revised by Law No. 509-VI of 16.09.2008}

10. The decision to refuse the sale of land plot may be appealed in court.

11. Funds received from the sale of state-owned or municipal land plot shall be credited by state authorities, the Council of Ministers of the Autonomous Republic of Crimea or local governments in accordance with the state and/or local budgets in the manner prescribed by the law.

{Article 128 has been supplemented with part 11 under Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008, No. 509-VI of 16.09.2008; as amended by Law No. 3123-VI of 03.03.2011}

Article 129. Special provisions for sale of state-owned and municipal land plots to foreign states, foreign legal entities

{Title of Article 129 as amended by Law No. 509-VI of 16.09.2008}

1. The sale of state-owned land plots, except for land plots comprising the objects to be privatised, to foreign states and foreign legal entities shall be carried out by the Cabinet of Ministers of Ukraine in coordination with the Verkhovna Rada of Ukraine.

The sale of state-owned land plots comprising the objects to be privatised, to foreign states and foreign legal entities shall be carried out by state privatisation bodies in coordination with the Cabinet of Ministers of Ukraine.

{Part 1 of Article 129 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008}

2. The sale of land plots owned by territorial communities to foreign states and foreign legal entities shall be carried out by the relevant councils in coordination with the Cabinet of Ministers of Ukraine.

3. The sale of land plots owned by the state and territorial communities to foreign legal entities shall be allowed provided that the foreign legal entity registers a permanent establishment authorised to conduct economic activity on the territory of Ukraine.

4. Foreign states interested in acquiring land plots from state or municipal lands shall submit an application to the Cabinet of Ministers of Ukraine.

5. Foreign legal entities interested in the acquisition of land plots shall submit an application to the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv or Sevastopol city state administration or village, settlement, city council and state privatisation body. The application shall be accompanied by a document certifying the right of ownership of immovable property (buildings and structures) located on this land plot, a copy of the certificate on registration by the legal entity of the permanent establishment authorised to conduct economic activities on the territory of Ukraine.

{Part 5 of Article 129 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008; as amended by Law No. 509-VI of 16.09.2008}

6. Consideration of the application and the sale of land plots shall be carried out by village, settlement, city councils after obtaining the consent of the Cabinet of Ministers of Ukraine.

Consideration of the application and the sale of state-owned land plots comprising the objects to be privatised, shall be carried out by the state privatisation bodies after obtaining the consent of the Cabinet of Ministers of Ukraine.

{Part 6 of Article 129 has been supplemented with paragraph 2 under Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008}

Article 130. Purchasers of agricultural lands

1. The following persons shall have the right to purchase agricultural land plots for conducting commodity agricultural production:

a) citizens of Ukraine who have obtained agricultural education or work experience in agriculture or are engaged in commodity agricultural production;

b) legal entities of Ukraine with the constituent documents providing for the conduct of agricultural production.

2. Citizens of Ukraine permanently residing in the territory of the relevant local council, where the sale of the land plot is carried out, as well as the relevant local governments shall have the pre-emptive right to purchase agricultural land plots.

Article 131. Acquisition of the right of ownership to the land plots by virtue of other civil law agreements

1. Citizens and legal entities of Ukraine, as well as territorial communities and the state shall have the right to acquire the right of ownership of land plots by virtue of exchange, lease, gift, inheritance and other civil law agreements.

{Part 1 of Article 131 as amended by Law No. 997-V of 27.04.2007}

2. The conclusion of such agreements shall be carried out pursuant to the Civil Code of Ukraine, taking into account the requirements of this Code.

Article 132. Contents of agreements on the transfer of the right of ownership to the land plots

1. Agreements on the transfer of the right of ownership to the land plots shall be concluded in writing and certified by a notary.

2. Agreements shall contain:

a) the parties' names (surname, name and patronymic of the citizen, name of the legal entity);

b) type of the agreement;

c) subject of the agreement (land plot with the determined location, area, purpose, composition of lands, legal regime, etc.);

d) document confirming the right of ownership to the land plot;

e) information on the absence of prohibitions on the land alienation;

f) information on the absence or presence of restrictions on the use of land plot for its intended purpose (pledge, lease, easements, etc.);

g) contract price;

h) parties' rights and obligations;

{Clause “а” of part 2 of Article 132 as revised by Law No. 1066-VI of 05.03.2009}

i) cadastral number of the land plot;

{Part 2 of Article 132 has been supplemented with clause “i” under Law No. 1066-VI of 05.03.2009}

j) the moment of transfer of the right of ownership to the land plot.

{Part 2 of Article 132 has been supplemented with clause “j” under Law No. 1066-VI of 05.03.2009}

{Part 3 of Article 132 has been deleted under Law No. 340-IX of 05.12.2019}

{Part 4 of Article 132 has been deleted under Law No. 402-VII of 04.07.2013}

Article 133. Pledge of land plots or the rights hereto

1. State-owned, municipal or private land plots may be pledged unless otherwise provided for by the law, the same applying to the rights hereto, that is the right to lease the land plot, the right to use third party's land plot for agricultural purposes (emphyteusis), the right to use third party's land plot for construction (superficies), unless otherwise provided for by the law.

{Paragraph 1 of part 1 of Article 133 as amended by Law No. 5245-VI of 06.09.2012}

A land plot or the right to it may be transferred as a pledge only if the land plot is assigned a cadastral number under the procedure established by the law.

{Part 1 of Article 133 has been supplemented with paragraph 2 under Law No. 4188-VI of 20.12.2011}

2. A land plot that is in joint ownership (or the right of joint lease of a land plot) may be pledged with the consent of all co-owners (co-lessees).

3. The pledge of a part of the land plot (or the right to a part of a land plot) shall be carried out after its allocation in kind (on the ground) under the land management documentation.

4. Only banks may be pledge holder of agricultural land plots and rights hereto (lease, emphyteusis).

5. The procedure for pledging the land plots and rights hereto (lease, superficies, emphyteusis) shall be determined by law.

{Article 133 as amended by Law No. 898-IV of 05.06.2003; as revised by Law No. 509-VI of 16.09.2008}

Chapter 21
Sale of land plots or the rights hereto on a competitive basis

{Title of Chapter 21 as revised by Law No. 509-VI of 16.09.2008}

Article 134. Obligation to sell state-owned or municipal land plots or the rights hereto on a competitive basis (land auctions)

1. State-owned or municipal land plots or the rights hereto (lease, superficies, emphyteusis), including the comprised objects of state-owned or municipal immovable property, shall be sold in separate lots on a competitive basis (land auctions), except the cases established by part 2 of this article.

2. State-owned or municipal land plots or the rights hereto shall not be subject to sale on a competitive basis (land auction) in the case of:

location on land plots of immovable property objects (buildings, structures) owned by individuals or legal entities;

use of land plots for the needs related to subsoil use and special water use according to the obtained permits;

{Paragraph 3 of part 2 of Article 134 as amended by Law No. 222-VIII of 02.03.2015}

use of land plots comprising religious buildings by the religious organisations legalised in Ukraine;

construction of facilities at the full expense of state and local budgets;

{Paragraph 6 of part 2 of Article 134 has been deleted under Law No. 1012-VIII of 18.02.2016}

providing land plots to enterprises, institutions and public organisations in the field of culture and arts (including national creative associations and their members) for the creative workshops;

leasing land plots for the reconstruction of obsolete buildings, for the construction of social and affordable housing, if the tender for its construction has already been held;

placement of foreign diplomatic missions and consular posts, missions of international organisations pursuant to the international treaties of Ukraine;

provision of a land plot purchased for public needs or forcibly alienated for reasons of public necessity to meet such needs;

{Part 2 of Article 134 has been supplemented with paragraph 10 under Law No. 1559-VI of 17.11.2009}

provision of state-owned and municipal land plots for private partner's needs within the framework of a public-private partnership pursuant to the law;

{Part 2 of Article 134 has been supplemented with a new paragraph under Law No. 2404-VI of 01.07.2010}

provision of a land plot instead of the purchased land plot for public needs or forcibly alienated for reasons of public necessity and return of such land plot to the former owner or their heir (successor), if such a need has disappeared;

{Part 2 of Article 134 has been supplemented with a paragraph under Law No. 1559-VI of 17.11.2009}

construction, maintenance and repair of engineering, transport, energy infrastructure, communications and road facilities (except for the road service facilities);

{Paragraph 14 of part 2 of Article 134 has been deleted under Law No. 1012-VIII of 18.02.2016}

construction of the facilities to ensure normal activity of settlements (waste processing facilities, treatment facilities, boiler plants, cemeteries, anti-erosion, anti-landslide and anti-mud structures);

transfer of land plots to citizens for haymaking and pasturing, for vegetable gardening;

{Paragraph 16 of part 2 of Article 134 as revised by Law No. 1012-VIII of 18.02.2016}

{Paragraph 17 of part 2 of Article 134 has been deleted under Law No. 1012-VIII of 18.02.2016}

{Paragraph 18 of part 2 of Article 134 has been deleted under Law 1012-VIII of 18.02.2016}

provision of land plots to business entities that implement investment projects registered under the established procedure according to the Law of Ukraine “On Peculiarities of Investment Activity in the Autonomous Republic of Crimea”. Provision of such land plot in ownership shall be carried out under the legislation after the expiration of the investment project, provided that the business entity fulfills the contract on this investment project implementation in the Autonomous Republic of Crimea;

{Part 2 of Article 134 has been supplemented with a new paragraph under Law No. 639-VII of 10.10.2013}

{Paragraph 20 of part 2 of Article 134 has been deleted under Law No. 1012-VIII of 18.02.2016}

{Paragraph 21 of part 2 of Article 134 has been deleted under Law No. 1012-VIII of 18.02.2016}

renewal of land lease contracts, conclusion of land lease contracts for a new period using the lessee's pre-emptive right;

{Paragraph 22 of part 2 of Article 134 as revised by Law No. 340-IX of 05.12.2019}

{Paragraph 23 of part 2 of Article 134 has been deleted under Law No. 1012-VIII of 18.02.2016}

lease, concession of property complexes or immovable property located on state-owned or municipal land plots;

{Part 2 of Article 134 has been supplemented with a new paragraph under Law No. 3687-VI of 08.07.2011}

leasing of land plots of industrial parks to the management companies of these industrial parks;

{Part 2 of Article 134 has been supplemented with a new paragraph under Law No. 5018-VI of 21.06.2012}

{Paragraph 26 of part 2 of Article 134 has been deleted under Law No. 1012-VIII of 18.02.2016}

provision of land plots of the exclusion zone and the zone of unconditional (compulsory) resettlement of the territory that was radioactively contaminated as a result of the Chernobyl disaster;

{Part 2 of Article 134 has been supplemented with paragraph 27 under Law No. 1472-VIII of 14.07.2016}

leasing of land plots occupied by field roads located in the area of agricultural lands (except for roads delimiting the area), pursuant to Article 37-1 of this Code;

{Part 2 of Article 134 has been supplemented with a paragraph under Law No. 2498-VIII of 10.07.2018}

leasing of land plots occupied by field-protective forest belts that serve an area of agricultural lands;

{Part 2 of Article 134 has been supplemented with a paragraph under Law No. 2498-VIII of 10.07.2018}

granting a state-owned or municipal land plot into use (lease) to an investor with significant investments for the implementation of an investment project with significant investments.

{Part 2 of Article 134 has been supplemented with paragraph 30 under Law No. 1116-IX of 17.12.2020}

{Part 2 of Article 134 as amended by Laws No. 800-VI of 25.12.2008, No. 1474-VI of 05.06.2009; as revised by Law No. 1702-VI of 05.11.2009}

3. Land auctions shall not be held when providing (transferring) land plots to citizens in the cases provided for in Articles 34, 36 and 121 of this Code, as well as transferring of public lands to a gardening society and a countryside cooperative. Land auctions shall not be held in case of the free transfer of land plots to persons who have been given status of war veterans according to paragraphs 19-21 of part 1 of Article 6 of the Law of Ukraine “On the status of war veterans, guarantees of their social protection”.

{Part 3 of Article 134 as amended by Laws No. 2949-VI of 14.01.2011, No. 1012-VIII of 18.02.2016, No. 329-IX of 04.12.2019}

Article 135. Land auctions

1. Land auctions shall be held in the form of an auction, upon which a contract of sale, lease, superficies, emphyteusis of the land plot is to be concluded with the participant (winner) of land auctions, who offered the highest price for the land plot for sale or the highest fee for its use, recorded during the land auction.

2. The sale of state-owned or municipal land plots or the rights hereto (lease, superficies, emphyteusis) shall be carried out exclusively at land auctions, except for the cases established by parts 2 and 3 of Article 134 of this Code.

The pre-emptive right of purchase may not be used at land auctions.

{Paragraph 3 of part 2 of Article 135 has been deleted under Law No. 2269-VIII of 18.01.2018}

The sale of private land plots or rights hereto (leases, superficies, emphyteusis) may be carried out at land auctions only on the initiative of land owners. In this case, land auctions shall be regulated by the provisions of this Code, unless otherwise provided by the law or the contract with the executor of land auctions.

Foreclosure on land plots or the rights hereto (lease, superficies, emphyteusis) shall be carried out by the state executor, private executor during the execution of decisions subject to enforcement in the manner prescribed by the Law of Ukraine “On Enforcement Proceedings”.

{Paragraph 5 of part 2 of Article 135 as revised by Law No. 1404-VIII of 02.06.2016}

3. The organizer of land auctions shall be an individual or a legal entity, land plot owner, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive authority, local government exercising right of state or municipal ownership, having concluded land auction contract with the land auction executor.

{Paragraph 1 of part 3 of Article 135 as amended by Law No. 1404-VIII of 02.06.2016}

The executor of land auctions shall be an economic entity that has concluded a contract with the organiser of land auction to hold the land auction.

{Paragraph 2 of part 3 of Article 135 as amended by Law No. 222-VIII of 02.03.2015}

The land auction participant shall be an individual or a legal entity who has submitted to the executor of land auctions the documents specified in part seven of Article 137 of this Code, paid registration and guarantee fees, have been registered in the land auction registry and under the law may acquire the right of ownership or use of the land plot, which is placed for land auction.

4. Land auctions concerning the state-owned or municipal land plots or the rights hereto shall be carried out by the decision of the land auction organiser with the following to be specified:

a) a list of land plots or the rights hereto, which are put up for land auction in separate lots;

b) a starting price of the lot;

c) a term and other conditions of the land plot use in case of acquisition of the right to use the land plot at the land auction;

d) a person authorised by the land auction organiser to enter into a contract of sale, lease, superficies, emphyteusis of the land plot, being subject or the right hereto being subject to placement at the land auction.

5. Land auctions shall be carried out pursuant to the contract concluded between the land auction organiser and the land auction executor. Financing of the organisation and holding of the land auction shall be carried out by the land auction organiser or the land auction executor under the agreement concluded between them, including at the expense of the registration fees paid by the land auction participants.

{Paragraph 1 of part 5 of Article 135 as revised by Law No. 1012-VIII of 18.02.2016}

Costs (expenditures) incurred by the organiser or executor of land auction for its holding shall be reimbursed to them by the land auction winner.

{Paragraph of part 5 of Article 135 as revised by Law No. 1012-VIII of 18.02.2016}

After the publication of the announcement of the land auction, the executor may withdraw from the contract only in cases where the land auction has become impossible for reasons beyond their control.

6. Remuneration to the land auction executor, which is established by the land auction organiser, shall consist of the expenses for the organisation and holding of land auctions and the executor's profit.

The land auction executor shall be paid a remuneration of 5 percent of the price of land purchase and sale transaction, or 50 percent of the annual fee for the land use (in case of sale of land rights) (lease, superficies, emphyteusis), but not more than 2000 non-taxable minimum incomes of citizens for each lot.

{Paragraph 2 of part 6 of Article 135 as amended by Law No. 661-VII of 24.10.2013}

7. The registration fee amount shall determined by the executor and may not exceed 50 percent of the subsistence minimum for able-bodied persons on the date of publication of the land auction announcement.

{Part 7 of Article 135 as amended by Law No. 1774-VIII of 06.12.2016}

8. The amount of the guarantee fee for the lot shall be 5 percent of the starting sale price of the land plot or 30 percent of the starting amount of the annual fee for land plot use (in case of sale of land rights) (lease, superficies, emphyteusis).

{Part 8 of Article 135 as amended by Law No. 340-IX of 05.12.2019}

9. Registration and guarantee fees shall be paid by land auction participants to separate bank accounts of the land auction executor.

10. Paid amounts of registration fees shall not be refunded, except in the case specified in part 3 of Article 138 of this Code.

11. Paid amounts of guarantee fees (except for the cases specified in part 5 of Article 138 of this Code) shall be returned by the land auction executor to all land auction participants who were not recognised as winners within three banking days from the day of the land auction.

12. The conditions announced before the land auction shall not be subject to change during the conclusion of the contract of sale, lease, superficies, emphyteusis of the land plot.

{Article 135 as amended by Laws No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008, No. 309-VI of 03.06.2008; as revised by Law No. 5077-VI of 05.07.2012}

Article 136. Selection of state-owned or municipal land plots and preparation of lots for sale at the land auctions

1. The organiser of land auctions shall determine the list of state-owned or municipal land plots and/or rights hereto, which shall be placed for land auctions in separate lots. It is prohibited to add to the specified list the land plots designated for construction without taking into account the results of public discussion in the cases provided for by the law.

The list shall contain the location (address) of the land plot, its purpose (functional use), area, cadastral number, terms of sale.

2. The selection of state-owned or municipal land plots comprising the objects of state-owned or municipal immovable property (buildings, structures), being subject or the right hereto being subject to placement at the land auction, shall be carried out taking into account the approved town-planning documents and land management documents, as well as marketing research, investment attractiveness, appeals of citizens and legal entities regarding the construction perspectives.

3. Land plots included in the list of state-owned or municipal land plots or the rights hereto, which are placed for land auction, may not be alienated, pledged, transferred into use until the end of the auction.

4. The land auction organiser shall prepare the lots for land auction.

Preparation of lots for land auction shall include:

a) preparation, coordination and approval in the manner prescribed by law of the land management project for the allocation of land plot (in case of change of the land plot purpose and if the land plot boundaries have not been set in kind (on the ground);

b) state registration of the land plot;

c) state registration of property rights to the land plot;

d) obtaining an extract on the standard monetary valuation of the land plot under the Law of Ukraine “On Land Valuation” in case of sale at the land auction of the right to lease it;

e) conducting an expert monetary valuation of the land plot according to the Law of Ukraine “On Land Valuation”, except in cases of sale at the land auction of the right to lease it;

f) establishment of the starting sale price of the land plot, which in respect of state and municipal lands cannot be lower than the expert monetary valuation of the land plot;

g) establishment of the starting amount of the annual lease payment, which in respect of state-owned and municipal lands cannot be less than the amount of the lease payment determined by the Tax Code of Ukraine;

h) establishment of the starting price of the sale of emphyteusis and superficies rights to the land plot, which in relation to state-owned or municipal lands cannot be lower than the market value of the respective right, determined by conducting an expert monetary valuation of the land plots;

i) determination of the land auction executor, as well as date and place of land auction.

{Paragraph 12 of part 4 of Article 136 has been deleted under Law No. 1404-VIII of 02.06.2016}

5. Financing of preparation of lots for land auction shall be carried out by the land auction organiser or executor under the agreement between them.

Costs incurred by the land auction organiser or executor for the preparation of lots for land auction shall be reimbursed by the land auction winner for each lot.

{Part 5 of Article 136 as revised by Law No. 1012-VIII of 18.02.2016}

6. Procurement of services for land management works, land valuation in the process of preparation of lots for sale of state or municipal land plots or the rights hereto (lease, superficies, emphyteusis) at the land auctions and determination of the land auction executor by the land auction organiser shall comply with the order set by the legislation on public procurement.

{Part 6 of Article 136 as amended by Law No. 1012-VIII of 18.02.2016}

{Article 136 as amended by Laws No. 3235-IV of 20.12.2005, No. 489-V of 19.12.2006, No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008, No. 309-VI of 03.06.2008; as revised by Law No. 509-VI of 16.09.2008; as amended by Laws No. 800-VI of 25.12.2008, No. 3123-VI of 03.03.2011; as revised by Law No. 5077-VI of 05.07.2012}

Article 137. Preparation and holding of land auction

1. The land auction organiser shall transfer no later than ten working days after signing the contract on holding of the auction, and the land auction executor shall accept the documents and materials for the lot specified in part 4 of Article 136 of this Code.

2. The documents for each lot shall be executed by the land auction executor as a separate case and shall be transferred to the purchaser after the auction ends.

From the specified documents and materials the land auction executor shall form the information card on a lot.

3. After receiving the documents and materials for the lot, the land auction executor shall ensure the publication of the information on the land auction on the official website of the central executive authority implementing the state policy in the field of land relations, as well as, in the print media if so requested by the land auction organiser.

{Part 3 of Article 137 as revised by Laws No. 661-VII of 24.10.2013, No. 1012-VIII of 18.02.2016}

4. The announcement shall indicate for each lot:

{Paragraph 1 of part 4 of Article 137 as amended by Law No. 1012-VIII of 18.02.2016}

a) name of the land auction organiser;

b) location, area of the land plot and its cadastral number;

c) purpose, as well as types of use regarding the urban construction needs;

d) the terms of the contract of sale, lease, superficies, emphyteusis, which is concluded at the land auction;

e) the starting sale price of the land plot or the starting amount of the annual fee for the use of the land plot;

f) town-planning conditions and restrictions of the construction on the land plot for the land plots intended for the purposes related to construction;

g) place and time of land auction;

h) amount of registration and guarantee fees to be paid by the participants, the procedure for their payment;

i) bank account numbers of the land auction executor, for payment of registration and guarantee fees;

{Clause “i” of part 4 of Article 137 as revised by Law No. 1012-VIII of 18.02.2016}

j) name and address of the land auction executor, surname and position, telephone number of the person who may provide the documents for the lot for acquaintance;

k) text of the contract to be concluded at the auction, without the price and identity of the purchaser (lessee);

l) amount of costs (expenditures) incurred for the preparation of the lot for sale, organisation and holding of land auctions, which shall be reimbursed by the winner of the land auction.

{Part 4 of Article 137 has been supplemented with a new paragraph under Law No. 1012-VIII of 18.02.2016}

The announcement placed on the official website of the central executive authority implementing state policy in the field of land relations, shall contain photographs of land plots, copies of documents and materials pertaining to the lot.

5. The information shall be placed on the official website of the central executive authority implementing state policy in the field of land relations, free of charge. The technological and software tools necessary for the publication of the tender announcement should provide legal entities and individuals with the opportunity to view, copy and print information free of charge using common web browsers and editors, without the need to use specialised technological or software tools, around the clock, without any restrictions.

6. Land auctions shall be held no earlier than 30 days and no later than 90 days after the announcement has been published.

7. A person wishing to take part in land auctions shall submit to the land auction executor no later than three working days prior to holding of the auction the following:

a) application for participation in land auctions;

b) information on the name, location and identification code of the legal entity pursuant to the Unified State Register of Enterprises and Organizations of Ukraine, information on the state where the founders (members) of the legal entity are registered or domiciled, the authorised capital of which comprises a share of the foreign capital; or last name, first name, patronymic and registration number of the taxpayer's account card or passport number and series (for individuals who due to their religious beliefs refuse to accept the registration number of the taxpayer's account card and have officially notified the relevant tax authority and have the mark in the passport) of an individual entrepreneur. Individuals who are not individual entrepreneurs shall submit a copy of the certificate for the assignment of the registration number of the taxpayer's account card (identification number of the individual that is a taxpayer) or a copy of the passport (for individuals who due to their religious beliefs refuse to accept the registration number of the taxpayer's account card and have officially notified the relevant tax authority and have the mark in the passport). Foreign citizens and stateless persons shall provide their surname, name and patronymic, citizenship (political nationality) of another state, domicile in the country, where the person is a citizen (subject); foreign legal entities shall provide their name, location and state where the legal entity is registered.

{Clause “b” of part 7 of Article 137 as amended by Laws No. 406-VII of 04.07.2013, No. 440-IX of 14.01.2020}

Copies shall be certified by the signature of the person willing to participate in the auction;

c) documents confirming the payment of registration and guarantee fees (copies of settlement documents, account statements).

The representative of an individual or a legal entity shall also submit documents confirming the right to act on behalf of the land auction participant.

8. The land auction executor shall accept documents from participants that are individuals and representatives of participants that are legal entities.

{Paragraph 1 of part 8 of Article 137 as amended by Law No. 1012-VIII of 18.02.2016}

Having received the documents specified in part 1 of this article, the land auction executor shall enter into the register of auction participants a serial number of the auction participant and lot number to be purchased by them, and shall give to the participant (their representative) a certificate of receipt of documents with the list thereof included, as well as incoming ticket, information card for the lot and the participant's card (indicating on the reverse side of the auction conditions).

{Paragraph 2 of part 8 of Article 137 as amended by Law No. 1012-VIII of 18.02.2016}

The information specified in the second paragraph of this part shall be entered into the register of auction participants, as well as:

{Paragraph 3 of part 8 of Article 137 as revised by Law No. 1012-VIII of 18.02.2016}

a) individuals shall provide information on their last name, first name and patronymic, registered place of residence (if any) and registration number of the taxpayer's registration card (identification number) in the State register of individuals-taxpayers;

b) legal entities established under the legislation of Ukraine shall provide information on the name, location, identification code under the Unified State Register of Enterprises and Organisations of Ukraine; legal entities with a share of foreign capital in their authorised (joint) capital shall enter the information about the state, where foreign founders (participants) are registered or domiciled;

c) foreign citizens and stateless persons shall provide information on citizenship (political nationality) of another state, last name, first name and patronymic, domicile in the country, where the person is a citizen (subject); foreign legal entities shall provide their name, location and state where the legal entity is registered.

{Paragraph 7 of part 8 of Article 137 has been deleted under Law No. 1012-VIII of 18.02.2016}

Information about the identity of the participant (their representative) contained in the documents submitted by them shall not be subject to disclosure, except in cases established by the law.

9. On the day of the auction, the executor shall register the participants present. The participant (their representative) shall submit a passport (power-of-attorney to act on the auction, in particular to participate in the auction and sign the protocol on the auction results, and a passport).

After that, the executor shall give the participant a number plate.

Registration shall start three hours and ends 20 minutes before the start of the auction.

Unregistered persons shall not be allowed to participate in the auction.

10. Forms of application for participation in the auction, certificates of receipt of documents by the land auction executor, register of the auction participants, entrance ticket, information card for the lot and the participant's card shall be approved by the central executive authority shaping state policy in the field of land relations.

11. Representatives of mass media and public associations shall have the right to be present during the auction and to record and film the auction process.

According to the auctioneer's decision, the participants who do not take part in the auction for this lot, as well as persons who are not participants, may be present in the hall during the auction for a certain lot, at the land auction organiser's invitation.

12. Persons who are not participants for a particular lot shall be prohibited from interfering in the auction in any way, taking actions aimed at intentionally creating obstacles to the auction (move around the hall and speak loudly without the auctioneer's permission, distract the participants).

13. To eliminate violations and restore the order, the auctioneer shall have the right to:

verbally warn the participant or the invited person about the need to stop violations, but not more than once for each type of violation;

demand from the participant or the invited person to leave the auction hall for repeated violation of the auction order;

temporarily suspend the auction and announce a break in case the participants violate the auction rules.

14. Land auction shall begin with the auctioneer's announcement of the auction procedure.

15. The lot shall be placed for auction in the presence of at least two registered participants.

{Part 15 of Article 137 as amended by Law No. 1012-VIII of 18.02.2016}

16. The auctioneer shall announce the lot number indicated in the information card, location, size, purpose of the land plot and possible types of land use within the scope of a certain land category, as well as the starting price of the lot.

17. Auction shall begin with the auctioneer's announcement of the starting price simultaneously with the strike of the auction hammer (gong), if one or more participants have announced their readiness to purchase the lot.

18. If within three minutes after the announcement of the starting price three times, none of the participants has expressed a will to purchase the lot at the price announced by the auctioneer, the lot is withdrawn from sale at this auction.

If at least two participants have expressed their readiness to purchase the lot at the starting price, the auctioneer increases the starting price by an auction step with a subsequent successive price increase.

The value of the auction step shall be set by the organiser in the amount of up to 5 percent of the starting price of the land plot, or up to 0.5 percent of the starting fee for the use of the land plot (lease, superficies, emphyteusis) in case of sale of the right hereto.

19. During the auction, the participants shall announce their intention to purchase the lot at the price announced by the auctioneer in two ways: by raising the plate with the number returned to the auctioneer, certifying acceptance of the price offered by the auctioneer (acceptance of the price without vote) or by raising the plate with the simultaneous announcement of the lot price offer, which must be higher than the price indicated by the auctioneer, at least by one auction step and necessarily divisible by the auction step (price offer by vote).

If the price offered by the participant exceeds the price announced by the auctioneer, the participant shall announce the participant's number and their offer.

If the price offered by one of the participants is higher than the price announced by the auctioneer, but not divisible by the auction step, the auctioneer shall interpret such an offer as the participant's consent to increase the price by the appropriate number of auction steps, announce the participant's number with the offered price divisible by the auction step.

If the participant raises the plate and announces a price lower than the one announced by the auctioneer or the previous participant, the auctioneer shall repeat their price or the previous bidder's price, where the plate raised by the participant who offered a lower price shall mean the consent to accept the price announced by auctioneer or previous participant. After that, the auctioneer shall announce the next price, increased by the auction step.

The silence of the participant who first raised the number plate after the auctioneer's announcement of the price shall be interpreted as the participant's consent to the price offered by the auctioneer. The auctioneer then announces the number of the participant who first raised the plate, and announces the next price increased by the auction step.

If, after announcing the price offered by the auctioneer, several participants raise their number plates at the same time (acceptance of the price offer without a vote), the auctioneer shall announce a new price increased by the auction step, without announcing the participants' numbers until any of them announces their price or the auctioneer does not determine which of the participants raised the plate first during the next increase in the price announced by the auctioneer.

If during the consecutive price increase by the auctioneer several participants leave their plates raised at the same time, the auctioneer may at any time at its own discretion offer them to announce their price and after the first announcement by one of the participants of their offer, to announce the participant's number and the price, offered by the participant, and then announce the next price, increased by the auction step.

If two or more participants simultaneously agree with the announced price, but do not agree with the next price increased by the auction step, the auctioneer may announce a reduction of the auction step and name the next price increased by the new auction step. If after that none of the participants expresses a will to purchase the lot at the last price announced by the auctioneer, the auctioneer may offer them to announce their price. After one of the participants announces its price, the auctioneer shall state the number of the participant who has announced the offer, and also shall state the price offered by it. Other participants may offer only a higher price than the announced price, which is to be stated by the auctioneer together with the participant's number and increased by the next step.

If no higher price is offered within three minutes after three repetitions of the last price, the auctioneer shall finish the auction for the lot with a strike of an auction hammer (gong) and the proclamation of the word “Sold”, state the selling price of the lot at the last highest price for the purchase with the winner's number, and call him or her to sign the protocol recorded during the auction.

20. The winner, who refused to sign the protocol, shall be deprived of the right to further participate in the auction for the sale of this lot. A record of the winner's refusal to sign shall be made in the protocol. In this case, the protocol shall be signed by the auctioneer and the land auction organiser's representative on the auction day.

If there are other participants who have expressed a will to purchase the specified lot, the auctioneer shall resume the auction for this object on the auction day. Given there are no such participants, the lot shall be placed for re-auction.

21. The auctioneer may announce a 15-munite pause after the auction for each lot is finished.

22. In course of auction, the executor shall keep a protocol, indicating the lot number, starting price and sale price of the lot, information about the winner, account numbers for the winner to pay for the purchased lot. If necessary, other information may be entered in the protocol. The protocol shall be signed by the winner, the auctioneer and the land auction organiser or its representative immediately after the finish of the auction for the lot in two copies.

One copy of the protocol shall be given to the winner.

23. The auctioneer shall announce the finish of the land auction after signing the auction protocol.

24. The contract of sale, lease, superficies, emphyteusis of the land plot between the land auction organiser and the auction winner shall be concluded directly on the auction day, except as otherwise provided for in part 29 of this article.

If the winner purchases several lots, the contract shall be concluded separately for each of them.

25. The concluded contract of sale of the land plot shall be certified by a notary.

To certify the contract of sale of the land plot, the notary shall obtain an auction protocol with the information about the land plot, with the land auction organiser becoming responsible for such information.

26. The right to a land plot acquired as a result of the auction shall be subject to state registration under the procedure established by the law. The document on payment together with the contract of sale, lease, emphyteusis, superficies of the land plot shall be the basis for the state registration of the relevant property right of the land plot auction winner.

{Part 26 of Article 137 as amended by Law No. 340-IX of 05.12.2019}

27. The guarantee fee paid by the winner before the start of the auction shall be included in the purchase price.

28. In case of sale of a state-owned or municipal land plot or the right hereto (lease, superficies, emphyteusis) the land auction executor within seven banking days after the finish of auctions shall transfer the amount of guarantee payment paid to its account by the winner to the relevant accounts of the central executive authority implementing state policies in the field of treasury servicing of budget funds, for crediting revenues from the sale of land plots or rights hereto, and shall transfer the non-refundable guarantee payments of the participants to the relevant budget accounts of the central executive authorities implementing state policies in the field of treasury servicing of budget funds, for crediting other revenues, except for the remuneration amount payable by the land auction organiser to the land auction executor pursuant to the land auction contract.

29. If the auction winners are the persons specified in Article 129 of this Code, the contract of sale of non-agricultural land shall be concluded after obtaining the consent of the Verkhovna Rada of Ukraine or the Cabinet of Ministers of Ukraine on the sale of land to these persons in cases and within the frameworks under the law. In case if the Verkhovna Rada of Ukraine or the Cabinet of Ministers of Ukraine refuse to approve it, the auction for such lot shall be considered as not having taken place.

30. The land auction organiser or its representative authorised to conclude on the organiser's behalf the contract of sale, lease, superficies, emphyteusis of the land plot, or the right hereto which is placed for land auctions, shall be be present at the auction.

31. The sale price of the land plot, the fee for the use of the land plot, the right of use of which has been acquired at the auction, as well as the amount of expenses incurred by the land auction organiser or executor for preparation of the lot for sale, organisation and holding of the land auction, shall be paid not later than three banking days from the date of concluding the relevant contract.

{Part 31 of article 137 as revised by Law No. 1012-VIII of 18.02.2016}

{Article 137 as amended by Laws No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008, No. 309-VI of 03.06.2008, No. 509-VI of 16.09.2008, No. 3123-VI of 03.03.2011; as revised by Law No. 5077-VI of 05.07.2012}

Article 138. Establishment of the auction results

1. Land auctions for a lot shall be considered to have taken place after the conclusion of the contract of sale, lease, superficies, emphyteusis of the land plot.

2. Land auctions may be cancelled or deemed not to have taken place, or their results may be made null and void.

3. The organiser may cancel the land auction before its start in case he or she receives the documents entailing the necessity to amend the land management and valuation documents for the land plot, or to preclude its alienation or transfer into use.

Notification of the auction cancellation no later than the next day after the relevant decision is made, shall be published in the same manner as the announcement of the auction.

If the auction is cancelled, the land auction organiser within ten days after the decision to cancel the auction shall compensate the land auction executor for the actually incurred expenses related to the auction preparation, but not more than the maximum amount of remuneration established by part 6 of Article 135 of this Code, and the land auction executor shall return the participants the guarantee fees paid by them not later that 5 days from the cancellation date.

4. Land auctions shall be recognised as not having taken place, in the case of:

a) absence of participants or presence of only one participant (except for repeated auctions);

b) none of the participants offered a price higher than the starting price of the lot;

c) refusal of the winner to sign the protocol indicating the auction results.

The decision to recognise the auction as not having taken place shall be made by the land auction executor on the day they are held.

Land auctions shall be recognised as not having taken place, also in the case specified in part 29 of Article 137 of this Code.

5. The auction results shall be made null and void by the land auction organiser in case of the winner's refusal to conclude the contract of sale or lease, superficies, emphyteusis of the land plot, as well as in case of the winner's non-payment in a timely manner for the purchased lot.

The decision to cancel the auction shall be approved by the land auction organizer within five days after the grounds for cancellation occurred.

In the event of a decision to cancel the auction, the guarantee fees shall not be refundable:

a) to all participants, if none of them offered a price higher than the starting price of the lot;

b) a participant who has been suspended from participation in the auction by the auctioneer for repeated violation of the auction procedure;

c) the winner who refused to sign the protocol indicating the auction results;

d) the winner in case of its non-payment in a timely manner of the due amount for the purchased lot;

e) the winner who refused to enter into a contract of sale or lease, superficies, emphyteusis of the land plot.

6. If the auction has not taken place or their results have been made null and void, the repeated auction may be held not earlier than in a month and not later than in six months from the date of the previous land auction.

Repeated auction shall be held under the procedure established for the auctions. The winners of the previous auction, who have not paid the due amount for the purchased lot in a timely manner or refused to sign the protocol indicating the auction results, shall not be allowed to participate in the repeated auction.

If the auction is recognised as not having taken place, based on the presence of only one participant and only the same participant is registered for the repeated auction, he or she shall have the right to purchase the land plot or acquire the right to use (rent, superficies, emphyteusis) it at the starting price according to part 4 of Article 136 of this Code.

{Article 138 as revised by Law No. 5077-VI of 05.07.2012}

Article 139. Publication of land auction results

The land auction organiser shall not later than five working days after the auction place on the official website of the central executive authority implementing state policies in the field of land relations, a video recording of the auction and notification of their results for each lot, as well as at the request of the land auction organiser, publish this notification in the print media where the announcement of the auction was posted, with the following to be indicated:

{Paragraph 1 of Article 139 as revised by Law No. 661-VII of 24.10.2013}

1) location, size of the land plot and its cadastral number;

2) sale price of the land plot or the amount of the annual fee for the use of the land plot, determined by the auction results;

3) period of use of the land plot (in case of sale of the lease right, superficies, emphyteusis);

4) purpose of the land plot.

{Article 139 as revised by Law No. 5077-VI of 05.07.2012}

Chapter 22
Termination of land rights

Article 140. Grounds for termination of the right of ownership to the land plot

The for termination of the right of ownership to the land plot shall be as follows:

a) voluntary refusal of the owner from its right to the land plot;

b) death of the land plot owner in the absence of the heir;

c) alienation of the land plot by owner's decision;

d) foreclosure on the land plot at the creditor's request;

e) alienation of the land plot for reasons of public necessity and for public needs;

e) confiscation by court decision;

f) non-alienation of the land plot by foreign persons and stateless persons within the established period in the cases specified by this Code.

Article 141. Grounds for termination of the right to use the land plot

The grounds for termination of the right to use the land shall be as follows:

a) voluntary refusal from the right to use the land plot;

b) withdrawal of the land plot in the cases provided for by this Code;

c) termination of activity of religious organisations, state or municipal enterprises, institutions and organisations;

{Clause “c” of part 1 of Article 141 as revised by Law No. 875-VI of 15.01.2009}

d) use of the land plot in the ways contrary to environmental requirements;

e) use of the land plot for purposes other than intended.

f) systematic non-payment of land tax or lease;

g) acquisition by another person of the right of ownership of a residential house, building or structure located on the land plot;

{Part 1 of Article 141 has been supplemented with clause “g” under Law No. 1702-VI of 05.11.2009}

h) use of the land plot in a way that contradicts the requirements of cultural heritage protection;

{Part 1 of Article 141 has been supplemented with clause “h” under Law No. 2518-VI of 09.09.2010}

i) transfer to a private partner, concessionaire of immovable property located on the land plot, which is in the use of a state or municipal enterprise and is the object of a public-private partnership or the object of a concession.

{Article 141 has been supplemented with clause “i” under Law No. 155-IX of 03.10.2019}

Article 142. Voluntary refusal from the right of ownership or the right of permanent use of the land plot

1. Termination of the right of ownership of a land plot in case of voluntary refusal of the landowner in favour of the state or the territorial community shall be carried out upon its application to the relevant authority.

2. In case of the consent to obtain the right of ownership to the land plot, executive authorities or local governments shall conclude the contract on transfer of the property right to the land plot. The contract on the transfer of ownership right to the land plot shall be certified by a notary.

{Part 4 of Article 142 as amended by Law No. 402-VII of 04.07.2013}

3. Termination of the right of permanent use of the land plot in case of voluntary refusal of the land user shall be carried out on its application to the land plot owner.

4. The land plot owner on the basis of the land plot user's application shall make the decision to terminate the right to use the land plot, and subsequently shall notify the state registration authority thereof.

Article 143. Grounds for compulsory termination of land rights

Compulsory termination of land rights shall be subject to the consideration in court in the case of:

a) use of the land plot for purposes other than intended;

b) failure to eliminate violations of the law (contamination of lands with radioactive and chemical substances, waste, sewage water, contamination of lands with bacterial-parasitic and quarantine pests, littering of lands with prohibited plants, damage and destruction of the fertile soil layer, objects of engineering infrastructure of amelioration systems, violation of the established regime for the use of especially protected lands, as well as the use of lands in ways that harm the public health) within the time limits set by the instructions (orders) of the central executive authority implementing state policies in the field of state supervision (oversight) in agro-industrial complex;

{Clause “b” of Article 143 as amended by Law No. 5462-VI of 16.10.2012}

c) confiscation of the land plot;

d) forced alienation of the land plot for reasons of public necessity;

{Clause “d” of part 1 of Article 143 as revised by Law No. 1559-VI of 17.11.2009}

e) compulsory application of penalties to the land plot under the obligations of this land plot owner;

f) non-alienation of the land plot by foreign persons and stateless persons within the established period in the cases specified by this Code.

Article 144. Procedure for termination of the right to use the land plots used in violation of land legislation

1. In case of violation of land legislation, the state inspector of agriculture, the state inspector for environmental protection shall execute a report on the violation and issue an instruction to eliminate it within 30 days to the person who committed the violation. If a person who has violated land legislation has not complied with the instructions of the state inspector to stop the violation of land legislation within the specified period, the state inspector of agriculture, state inspector of environmental protection shall impose an administrative penalty on such person and re-issue an instruction to stop the violation or eliminate its consequences within 30 days.

{Part 1 of Article 144 as amended by Law No. 5462-VI of 16.10.2012}

2. In case of failure to eliminate the violation of land legislation within 30 days, the state inspector of agriculture, state inspector for environmental protection shall apply to the relevant executive authority or local government with a request to terminate the right to use the land plot.

{Part 2 of Article 144 as amended by Law No. 5462-VI of 16.10.2012}

3. The decision of the executive authority or local government on the termination of the right to use the land plot may be appealed by the land user in court.

Article 145. Termination of the right of ownership to the land plot of a person not entitled to possess the land plot on the right of ownership

1. If a person transfers the right of ownership to the land plot, which under this Code cannot be possessed by them, this land plot shall be subject to alienation by its owner within one year from the moment of transfer of such right.

2. In cases when the land plot is not alienated by this person within the established term, such plot shall be subject to compulsory alienation by a court decision.

3. A person who obtains the right of ownership to the land plot and who is not entitled to acquire the right of ownership to land, shall have the right to lease it.

Article 146. Redemption of land plots for public needs

Redemption of land plots for public needs, which are owned by individuals and legal entities, shall be carried out in cases and in the manner prescribed by the law.

{Article 146 as amended by Law No. 1474-VI of 05.06.2009; as revised by Laws No. 1559-VI of 17.11.2009, No. 3123-VI of 03.03.2011}

{Also refer to Law No. 1561-VI of 25.06.2009}

Article 147. Compulsory alienation of the land plots for reasons of public necessity

The grounds and procedure for compulsory alienation of land plots for reasons of public necessity shall be determined by the law.

{Article 147 as revised by Law No. 1559-VI of 17.11.2009}

Article 148. Confiscation of the land plot

Land plot can be confiscated only by court decision in cases, to the extent and in the manner prescribed by the law.

Article 148-1. Transfer of right of ownership to the land plots in use

1. From the moment of transfer of right of ownership to the land plot, the rights and obligations of the previous owner of the land plot shall be transferred to the person that has acquired the right of ownership to the land plot in use of other person, under the current lease agreements, superficies, emphyteusis, land easement regarding such land.

2. In case of transfer of right of ownership to the land plot in permanent use, from the state to the territorial community or from the territorial community to the state, the land plot acquirer shall be transfered the rights and obligations of the land plot owner under the legal relations of permanent use.

3. A person who has acquired the right of ownership to the land plot shall notify its users within a month from the date of acquisition of the right of ownership to it, having specified the following:

cadastral number (if available), location and area of the land plot;

name (for legal entities), last name, first name, patronymic (for individuals) of the new owner;

place of residence (location) of the new owner, its postal address;

payment details (if the law or contract provides for payment for the use of land plot in cash).

The notification shall be sent to the land plot user by registered mail with a return receipt requested or delivered to them personally against written acknowledgement.

Notification on the transfer of the right of ownership from the state to the territorial community or vice versa shall be published in the print media of the local sphere of distribution, with the cadastral number, location and area of the land plot indicated.

4. With the consent of the parties to the lease contract, superficies, emphyteusis, land easement or pledge, such contract may be amended to indicate the new land plot owner.

5. The requirements of this article shall apply to cases of transfer of powers from one public authority to another when disposing of state-owned land plots that are in their permanent use.

{The Code has been supplemented with Article 148-1 under Law No. 5245-VI of 06.09.2012}

Article 149. Procedure for withdrawal of land plots

1. Land plots provided for permanent use from state-owned and municipal lands may be withdrawn for public and other needs by decision of state authorities, the Council of Ministers of the Autonomous Republic of Crimea and local governments on the basis and in the manner prescribed by this Code.

{Part 1 of Article 149 as revised by Law No. 3123-VI of 03.03.2011}

2. Withdrawal of land plots shall be carried out with the consent of land users on the basis of decisions of the Cabinet of Ministers of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, village, settlement, city councils according to their powers.

{Also refer to part 4 of Article 75 of Law No. 1344-IV of 27.11.2003}

3. Village, settlement, city councils shall confiscate municipal land plots of the respective territorial communities, which are in permanent use, for all needs, except for especially valuable lands, which are withdrawn (redeemed) by them taking into account the requirements of Article 150 of this Code.

4. The Verkhovna Rada of the Autonomous Republic of Crimea, oblast and raion councils shall withdraw commonly owned land plots of the respective territorial communities, which are in permanent use, for all needs.

5. District state administrations on their territory shall withdraw state-owned land plots (except for the cases specified in part nine of this Article), which are in permanent use, within villages, settlements, cities of district significance for all needs and outside settlements for:

{Paragraph 1 of part 5 of Article 149 as amended by Law No. 4539-VI of 15.03.2012}

a) agricultural use;

b) water management;

{Clause “b” of part 5 of Article 149 as amended by Laws No. 3404-IV of 08.02.2006, No. 4539-VI of 15.03.2012}

c) construction of the facilities for servicing residents of the raion territorial community (schools, hospitals, commercial enterprises, infrastructure of wholesale agricultural markets, etc.) taking into account the requirements of part 8 of this article.

{Clause “c” of part 5 of Article 149 as amended by Laws No. 3404-IV of 08.02.2006, No. 1561-VI of 25.06.2009, No. 3123-VI of 03.03.2011, No. 4539-VI of 15.03.2012}

6. Regional state administrations on their territory shall withdraw state-owned land plots that are in permanent use, within cities of regional significance and outside settlements for all needs, except for the cases specified in parts five and nine of this Article.

7. Kyiv and Sevastopol city state administrations shall confiscate state-owned land plots that are in permanent use within their territories for all needs, except for the cases specified in part 9 of this Article.

8. The Council of Ministers of the Autonomous Republic of Crimea on the territory of the Autonomous Republic of Crimea shall withdraw state-owned land plots, which are in permanent use, within villages, settlements, cities and beyond for all needs, except for the cases specified in parts 5, 9 of this article, and also approve the withdrawal of such lands by raion state administrations on their territory for the construction of facilities for servicing residents of the raion territorial community (schools, hospitals, commercial enterprises, infrastructure of wholesale agricultural markets, etc, etc.).

{Part 8 of Article 149 as amended by Law No. 3123-VI of 03.03.2011}

9. The Cabinet of Ministers of Ukraine shall withdraw state-owned land plots that are in permanent use, namely arable land, perennial plantations for non-agricultural needs, forests for non-forestry needs, as well as land plots for environmental, health-improving, recreational purposes and public rail transport economic entities due to their reorganisation by merging during the formation of a public joint-stock company of public rail transport under the Law of Ukraine “On the Specifics of Establishing the Public Joint-Stock Company of Rail Transport of Public Use" and land plots comprising facilities of gas transportation system that are transferred to the economic entity due to the separation of activities on natural gas transportation except for cases determined by parts 5–8 of this Article and in the cases prescribed by Article 150 of this Code.

{Part 9 of Article 149 as revised by Law No. 3404-IV of 08.02.2006;as amended by Laws No. 4442-VI of 23.02.2012, No. 4539-VI of 15.03.2012, No. 264-IX of 31.10.2019}

10. In case if the land user disagrees with the withdrawal of the land plot, the issue shall be resolved in court.

Article 150. Especially valuable lands and the procedure for termination of rights hereto

{Title of Article 150 as amended by Law No. 5245-VI of 06.09.2012}

1. Particularly valuable lands shall include:

a) as a part of agricultural lands: uneroded non-alkali black forest soil; hayfield-black soil non-saline non-alkali loamy soils; dark-gray podsolic soils and podsolic forest and gleyic black-soils; brown mountain-forest and sod-brown deep and medium-deep soils; sod-podsolic loamy soils; brown soils of the Southern coast of Crimea, sod deep soils of Transcarpathian region;

b) peatlands with a depth of peat of more than one meter and drained regardless of the depth, peatlands as part of wetlands of international importance;

{Part 1 of Article 150 as amended by Law No. 1259-IX of 19.02.2021 – shall be enacted since 17.06.2021}

c) lands provided for permanent use to NGO “Massandra” and its constituent enterprises; lands of research fields of scientific institutions and educational establishments;

d) lands of nature reserve and other nature protection purposes, lands of historical and cultural purposes.

{Part 1 of Article 150 as amended by Law No. 1442-VI of 04.06.2009; as revised by Law No. 5245-VI of 06.09.2012}

2. Termination of the right of permanent use of land plots of especially valuable lands, defined in the clauses “c” and “d” of part 1 of this article, on the grounds of voluntary refusal to use them or by their withdrawal shall be carried out in coordination with the Verkhovna Rada of Ukraine.

{Part 2 of Article 150 as revised by Law No. 5245-VI of 06.09.2012}

3. Approval of the materials pertaining to withdrawal (redemption) of land plots of especially valuable lands owned by citizens and legal entities shall be carried out by the Verkhovna Rada of Ukraine on the proposal of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city councils.

Article 151. Procedure for approval of issues related to the purchase of land plots for public needs or for the reasons of public necessity

{Title of Article 151 as amended by Law No. 3123-VI of 03.03.2011}

1. Legal entities interested in the purchase of land plots owned by citizens or legal entities for public needs and on grounds of public necessity, shall according to their powers coordinate the location, size of the land plot and conditions of its redemption taking into account the integrated development of the territory, which would ensure the normal functioning of this area and adjacent territories of all facilities and living conditions of the population and environmental protection, before the start of the project work, except for the purchase of land plots on the grounds involving its potential forcible alienation due to public necessity and by state authorities, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea or local governments.

{Part 1 of Article 151 as amended by Laws No. 1559-VI of 17.11.2009, No. 3123-VI of 03.03.2011}

2. The Verkhovna Rada of Ukraine shall coordinate the materials pertaining to the location of the object on especially valuable lands, as well as the land plots for allocation and servicing of the buildings and structures of diplomatic missions and consular posts of the foreign lands, missions of international organisations.

3. Approval of issues related to the purchase of land plots, other than those provided for in part two of this article, shall be carried out by the Cabinet of Ministers of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, city, town, village councils in accordance with their powers in relation to the redemption of these plots.

4. In case of purchase of land plots for urban planning objects, the location of which is determined by urban planning or land management documents (master plans of settlements, detailed planning projects, other urban planning documents, feasibility studies of the use and protection of lands pertaining to the administrative-territorial formations, as well as land management projects for landscaping of settlements, etc.), the object location shall not be subject to the approval.

5. Legal entities interested in redemption of land plots shall apply to the relevant village, settlement, city, raion, oblast council, the Council of Ministers of the Autonomous Republic of Crimea, and the local state administration with a request to approve the object location. An application for approval of the object location at the expense of lands redeemed by the Cabinet of Ministers of Ukraine and the Verkhovna Rada of the Autonomous Republic of Crimea shall be submitted to the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations.

6. The following shall be attached to the application:

a) substantiation of the need for redemption and/or allotment of the land plot;

b) desired object location with the approximate dimensions of the land plot indicated on the relevant graphic material;

c) notarially certified written consent of the land owner (land user) for the redemption of the land plot (its part) (except for the redemption of the land plot (its part) on the grounds allowing the possibility of its compulsory alienation for reasons of public necessity) with the size of the land plot and terms of its redemption indicated;

{Clause “c” of part 6 of Article 151 as amended by Law No. 5070-VI of 05.07.2012}

d) a copy of the constituent documents.

7. The standard application form for coordination of the object location shall be approved by the Cabinet of Ministers of Ukraine.

8. The relevant executive authority, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea or a local government pursuant to its powers within one week from the application registration date shall send the following:

the original application with annexes to the central executive authority implementing state policies in the field of land relations, according to the location of the land plot;

a copy of the application and annexes to the structural unit of the raion state administration in the field of urban planning and architecture, and if the city is not part of a certain raion, it shall be sent to the executive authority of the city council in the field of urban planning and architecture, and if such body is not formed, it shall be sent to the executive authority of the Autonomous Republic of Crimea on urban planning and architecture or a structural unit of the regional state administration on urban planning and architecture.

The authorities referred to in the second and third paragraphs of this part shall, within ten days since the application has been received, submit to the relevant executive authority, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea or the local government a conclusion on the coordination of the object location or a refusal of such coordination.

{Part 8 of Article 151 as amended by Law No. 3123-VI of 03.03.2011; as revised by Laws No. 5395-VI of 02.10.2012, No. 365-VII of 02.07.2013}

9. If the purchase of land plots is carried out in coordination with the Verkhovna Rada of Ukraine or the relevant state authorities, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea or local governments shall prepare their conclusions and submit coordination materials to the Cabinet of Ministers of Ukraine, which considers these materials and submits them to the Verkhovna Rada of Ukraine to adopt the relevant decision.

{Part 9 of Article 151 as amended by Law No. 3123-VI of 03.03.2011}

10. If the redemption of land plots is carried out by the Verkhovna Rada of the Autonomous Republic of Crimea, the materials on coordination of the object location shall be submitted to the Council of Ministers of the Autonomous Republic of Crimea, which considers these materials and submits its offers to the Verkhovna Rada of the Autonomous Republic of Crimea.

11. After receiving the conclusions specified in part 8 of this article on coordination of the object location and the decision of the Verkhovna Rada of Ukraine (if necessary) the relevant state authority, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea or local government in accordance with its powers, within two weeks shall consider the materials on coordination of the object location and grant its permission for the development of a land management project for the allocation of land plot or a reasoned decision to refuse.

{Part 11 of Article 151 as amended by Laws No. 3123-VI of 03.03.2011, No. 365-VII of 02.07.2013}

12. Disputes related to the coordination of the object location shall be resolved in court.

{Article 151 as amended by Laws No. 762-IV of 15.05.2003, No. 1119-IV of 11.07.2003, No. 3404-IV of 08.02.2006; as revised by Laws No. 509-VI of 16.09.2008, No. 1702-VI of 05.11.2009; as amended by Law No. 3123-VI of 03.03.2011}

Section V
LAND RIGHTS GUARANTEES

Chapter 23
Land rights protection

Article 152. Methods of land rights protection

1. The state shall provides citizens and legal entities with equal conditions for the protection of the right of ownership to land.

2. The land plot owner or the land user may demand the elimination of any violations of its rights to land, even if these violations are not related to the deprivation of the right to own the land plot, as well as the compensation for damages.

3. Protection of the citizens' and legal entities' rights to land shall be carried out by:

a) recognition of the rights;

b) restoration of the land plot condition, which existed before the rights violation, and precluding the actions that violate the rights or create a danger of rights violation;

c) recognition of the agreement as null and void;

d) recognition of the decisions of executive authorities or local governments as null and void;

e) compensation for damages;

e) use of other methods provided for by the law.

Article 153. Guarantees of right of ownership to the land plot

1. The owner may not be deprived of the right of ownership to the land plot, except for the cases provided for by this Code and other laws of Ukraine.

2. In the cases provided for by this Code and other laws of Ukraine, it is allowed to redeem the land plot. In this case, the land owner shall be compensated for its value.

3. The former owner of the land plot redeemed for public needs, shall have the right to apply to the court for the recognition of the land redemption agreement as null and void, as well as for its termination, and compensation for damages related to the redemption, if after the land redemption it is established that the land plot is not used for public needs.

Article 154. Responsibility of executive authorities and local governments for violation of the right of ownership to land

1. Executive authorities and local governments may neither interfere in the exercise by the owner of its right to own, use and dispose of the land plot belonging to it nor impose additional obligations or restrictions not provided for by legislative acts without a court decision.

2. Executive authorities and local governments shall be liable for damage caused by their unlawful interference in the exercise by the owner of its rights to own, use and dispose of the land plot.

Article 155. Responsibility of executive authorities and local governments for issuing acts that violate the rights of land plot owners

1. If the executive body or a local government issues an act violating the rights of a person to own, use or dispose of a land plot belonging to it, such an act shall be declared null and void.

2. Damages caused to the land plot owners as a result of the issuance of the specified acts shall be subject to compensation in full by the authority that issued the act.

Chapter 24
Compensation to land owners and land users for damages

Article 156. Grounds for compensation to land owners and land users for damages

Land owners and land users shall be compensated for damages incurred due to:

a) withdrawal (redemption) of agricultural lands, forest lands and shrubs for the needs not related to agricultural and forestry production;

b) temporary occupation of agricultural lands, forest lands and shrubs for other purposes;

c) establishment of restrictions on the use of land plots;

d) deterioration of soil quality and other useful properties of agricultural lands, forest lands and shrubs;

e) reduction of agricultural lands, forest lands and shrubs to unusable condition;

f) non-receipt of proceeds during the temporary non-use of the land plot;

g) use of land plots for the needs of the oil and gas industry;

{Article 156 has been supplemented with clause “g” under Law No. 2314-VIII of 01.03.2018}

h) use of land plots for the needs of subsoil use for the purpose of research and industrial development of amber deposits, other minerals of national importance and/or extraction of amber, other minerals of national importance.

{Article 156 has been supplemented with clause “h” under Law No. 402-IX of 19.12.2019}

Article 157. Procedure of compensation for losses to land owners and land users

1. Compensation to land owners and land users shall be performed by executive authorities, local governments, citizens and legal entities using land plots, as well as executive authorities, local governments, citizens and legal entities whose activities limit the rights of owners and land users or cause degrading of lands located in the area of their influence, including due to chemical and radioactive contamination of the territory, littering with industrial, household and other wastes and sewage water.

2. Special provisions regarding the compensation for losses incurred by land owners and land users as a result of creation or change of boundaries of nature reserves, biosphere reserves, national nature parks, regional landscape parks, botanical gardens, dendrological parks, zoological parks shall be determined by the Law of Ukraine “On Nature Reserve Fund of Ukraine”.

{Article 157 has been supplemented with a new part under Law No. 1472-VIII of 14.07.2016}

3. The procedure for determining and compensating losses to land owners and land users shall be established by the Cabinet of Ministers of Ukraine.

Chapter 25
Settlement of land disputes

Article 158. Authorities empowered to resolve land disputes

1. Land disputes shall be resolved by courts, local governments and the central executive authority implementing state policies in the field of land relations.

{Part 1 of Article 158 as amended by Law No. 5462-VI of 16.10.2012}

2. Land disputes concerning the possession, use and disposal of land owned by citizens and legal entities, as well as disputes concerning the delimitation of villages, settlements, cities, raions and oblasts shall be settled exclusively by the court.

3. Local government bodies shall resolve land disputes within settlements concerning the boundaries of land plots owned and used by citizens, as well as citizens' observance of the rules of good neighbourliness, as well as disputes concerning the delimitation of boundaries within city districts.

4. The central authority implementing state policies in the field of land relations shall resolve land disputes concerning the boundaries of land plots outside settlements, and the disputes pertaining to the location of restrictions on the use of lands and land easements.

{Part 4 of Article 158 as amended by Law No. 5462-VI of 16.10.2012}

5. In case of disagreement of land owners or land users with the decision of local governments or the central executive authority implementing state policies in the field of land relations, the dispute shall be resolved in court.

{Part 5 of Article 158 as amended by Law  No. 5462-VI of 16.10.2012}

Article 159. Procedure for consideration of land disputes by local governments and the central executive authority implementing state policies in the field of land relations

{Title of Article 159 as amended by Law No. 5462-VI of 16.10.2012}

1. Land disputes shall be considered by the central executive authority implementing the state policies in the field of land relations and by local governments on the basis of an application of one of the parties within one week since the submission of the application.

{Part 1 of Article 159 as amended by Laws No. 4215-VI of 22.12.2011, No. 5462-VI of 16.10.2012}

2. Land disputes shall be considered with the participation of interested parties, who shall be notified in advance of the time and place of the dispute consideration. If one of the parties fails to appear in court for the first session and if no official consent to the issue consideration has been given, the dispute settlement shall be postponed. The settlement procedure may be postponed repeatedly only if there exist valid reasons.

3. Absence of one of the parties without valid reasons at the repeated settlement procedure of the land dispute shall not preclude its consideration and adoption of the decision.

4. The decision of the local government or the central executive authority implementing the state policies in the field of land relations shall determine the procedure for its implementation.

{Part 4 of Article 159 as amended by Law No. 5462-VI of 16.10.2012}

5. The decision shall be disclosed to the parties within three days from the date of its adoption.

{Part 5 of Article 159 as amended by Law No. 4215-VI of 22.12.2011}

Article 160. Rights and responsibilities of the parties in consideration of land disputes

The parties to the land dispute have the right to read the materials on this dispute, make extracts from them, participate in the land dispute, submit documents and other evidence, file motions, give oral and written explanations, contest the motions and evidence of the other party, to obtain a copy of the land dispute decision, and to appeal it in case of disagreement with this decision.

Article 161. Enforcement of the decision adopted by central executive authority, implementing the state policies in the field of land relations, as well as the decision adopted by local governments on land disputes

{Title of Article 161 as amended by Law No. 5462-VI of 16.10.2012}

1. The decision adopted by central executive authority, implementing state policies in the field of land relations, as well as the decision adopted by local governments shall come into force from the moment of its adoption. Appealing against these decisions in court suspends their enforcement.

{Part 1 of Article 161 as amended by Law No. 5462-VI of 16.10.2012}

2. Enforcement of the decision on land disputes shall be carried out by the authority that adopted the decision.

3. Enforcement of the decision shall not release the violator from compensation for damages or losses of agricultural and forestry production due to violation of land legislation.

4. Enforcement of the decision on land disputes may be suspended or its term may be extended by a higher authority or court.

Section VI
LAND PROTECTION

Chapter 26
Purpose, content and procedure for land protection

Article 162. The concept of land protection

Land protection shall mean a system of legal, organisational, economic and other measures aimed at rational land use, prevention of unjustified withdrawal of agricultural and forestry lands, protection from harmful anthropogenic impact, reproduction and increase of soil fertility, increase of forestry land use, special regime for the use of lands for environmental, health-improving, recreational and historical and cultural purposes.

{Article 162 as amended by Law No. 3404-IV of 08.02.2006}

Article 163. Purpose of land protection

The purpose of land protection is to ensure the preservation and reproduction of land resources, the ecological value of natural and acquired qualities of land.

Article 164. Content of land protection

1. Land protection shall include:

a) substantiation and ensuring the rational land use;

b) protection of agricultural lands, forest fund lands and shrubs from unjustified withdrawal for other needs;

c) protection of lands from erosion, mudflows, flooding, waterlogging, secondary salination, dehydration, compaction, contamination by industrial wastes, chemical and radioactive substances and from other adverse natural and technogenic processes;

d) preservation of natural wetlands;

e) prevention of deterioration of aesthetic condition and ecological role of anthropogenic landscapes;

f) conservation of degraded and unproductive agricultural lands.

2. The procedure for land protection shall be established by the law.

Article 165. Standardisation in the field of land protection and soil fertility restoration

{Title of Article 165 as amended by Law No. 124-IX of 20.09.2019}

1. Standardisation in the field of land protection and soil fertility restoration shall be carried out in order to ensure environmental and sanitary safety of citizens by adopting appropriate standards that define requirements for land quality, allowable anthropogenic load on soils and individual territories, allowable agricultural land development etc.

{Part 1 of Article 165 as amended by Law No. 124-IX of 20.09.2019}

2. In the field of land protection and soil fertility restoration the following standards shall apply:

a) optimal ratio of agricultural lands;

b) quality of soils;

c) maximum permissible soil contamination;

d) indicators of land and soil degradation.

3. Standards in the field of land protection and soil fertility restoration shall be established by the Cabinet of Ministers of Ukraine.

{Part 3 of Article 165 as amended by Law No. 124-IX of 20.09.2019}

Article 166. Reclamation of disturbed lands

1. Reclamation of disturbed lands shall mean a set of organisational, technical and biotechnological measures aimed at restoring soil cover, improving the condition and productivity of disturbed lands.

2. Lands that have undergone changes in the structure of the relief, the ecological condition of soils and parent rocks, as well as in the hydrological regime due to mining, geological exploration, construction and other works, shall be subject to reclamation.

3 The soil removed during mining, geological exploration, construction and other works shall be used for the reclamation of disturbed lands, restoration of degraded lands by means of applying it to unproductive areas or areas without soil cover.

Article 167. Protection of lands from pollution by dangerous substances

1. Economic and other activities causing pollution of lands and soils in excess of the established maximum permissible concentrations of hazardous substances shall be prohibited.

2. Standards of maximum permissible concentrations of hazardous substances in soils, as well as the list of these substances shall be approved by the central executive authority implementing state policies in the field of environmental protection and the central executive authority implementing state policies in the field of sanitary and epidemiological well-being of the population.

{Part 2 of Article 167 as amended by Law No. 5462-VI of 16.10.2012}

3. Land plots contaminated with hazardous substances shall be used in compliance with the established restrictions, requirements for prevention of their dangerous impact on human health and the environment.

4. The level of soil pollution shall be taken into account in case of withdrawal from economic circulation, any changes in the nature and mode of use, and providing land plots for use.

Article 168. Soil protection

1. Soils of land plots shall the object of special protection.

2. Land owners and land users shall not have the right to remove and transfer the land cover of land plots without the special permission of the central executive authority implementing state policies in the field of state supervision (oversight) in the agro-industrial complex, except for:

a) drilling and arrangement of oil and gas wells, construction, maintenance, repair and reconstruction of oil and gas wells and the relevant objects of pipeline transport facilities, production facilities, access roads, power and communication lines, underground cable power supply networks;

b) works related to the elimination and prevention of emergencies at oil and gas wells and the relevant objects of pipeline transport facilities, production facilities, access roads, power and communication lines, underground cable power supply networks;

c) works on research and industrial development of amber deposits, other minerals of national importance and/or extraction of amber, other minerals of national importance.

{Part 2 of Article 168 has been supplemented with a new paragraph under Law No. 402-IX of 19.12.2019}

In cases stipulated by clauses “a”, “b” and “c” of this part, removal and transfer of soil cover of land plots shall be carried out exclusively by virtue of the working land management project.

{Paragraph 5 of part 2 of Article 168 as revised by Law No. 402-IX of 19.12.2019}

{Part 2 of Article 168 as amended by Law No. 5462-VI of 16.10.2012; as revised by Law No. 2314-VIII of 01.03.2018}

3. While disturbing the surface soil layer, land owners and land users shall remove, lay, and store the surface soil layer and apply it to the area from which it was removed (reclamation), or lay on the other land plot to increase its productivity and other qualities.

Chapter 27
Use of technogenically contaminated lands

Article 169. The concept of technogenically contaminated lands

1. Technogenically contaminated lands shall mean the lands polluted as a result of human economic activity, which has led to land degradation and its negative impact on the environment and human health.

2. Technogenically contaminated lands include the radiation dangerous lands and radioactively contaminated lands, the lands contaminated with heavy metals, other chemical elements, etc. When using technogenically contaminated lands, the special provisions for their use regime shall be taken into account.

3. Special provisions of the regime and procedure for use of technogenically contaminated lands shall be established by the legislation of Ukraine.

Article 170. Special provisions for use of technogenically contaminated agricultural lands

1. Technogenically contaminated agricultural lands not providing for the production of the products that meet the established requirements (norms, rules, regulations), shall be withdrawn from agricultural circulation and conserved.

2. The procedure for the use of technogenically contaminated land plots shall be established by the legislation of Ukraine.

Chapter 28
Land conservation

Article 171. Degraded and unproductive lands

1. Degraded lands include:

a) land plots, the surface of which is disturbed as a result of earthquakes, landslides, karstification, floods, mining, etc.;

b) land plots with eroded, waterlogged, chemically contaminated soils with high acidity or salinity, etc.

2. Unproductive lands include agricultural lands with the soils characterised by negative natural properties, low fertility, and their economic use for its intended purpose is economically inefficient.

Article 172. Conservation of degraded, unproductive and technogenically contaminated lands

1. Degraded and unproductive lands, the economic use of which is ecologically dangerous and economically inefficient, shall be subject to conservation. Technogenically contaminated land plots where it is impossible to obtain ecologically clean products – if the presence of people on these land plots is dangerous for their health – shall also be subject to conservation.

2. Conservation of lands shall be carried out by terminating their economic use for a specified period, as well as alkalisation or afforestation.

3. Conservation of lands shall be carried out by decisions of executive authorities and local governments on the basis of agreements with land owners.

4. The procedure for land conservation shall be established by the legislation of Ukraine.

Section VII
CONTROL IN THE FIELD OF LAND USE AND PROTECTION

Chapter 29
Establishment and change of the administrative-territorial units' borders

Article 173. Boundaries of raions, villages, settlements, cities, districts

1. The boundary of a raion, village, settlement, city, district shall mean a conditionally closed line on the ground surface, which separates the territory of a raion, village, settlement, city, district from other territories.

2. The boundaries of a raion, village, settlement, city, district shall be established and changed according to land management projects for the establishment (change) of the boundaries of administrative-territorial units.

Land management projects regarding the change of the settlements' boundaries shall be developed taking into account the master plans of settlements.

{Part 2 of Article 173 as revised by Law No. 5003-VI of 21.06.2012}

3. The inclusion of land plots within the boundaries of raion, village, settlement, city, district shall not entail the termination of the right of ownership and the right to use these plots, except for the land plots defined in part 4 of this article.

{Part 4 of Article 173 as revised by Law No. 5245-VI of 06.09.2012}

4. State-owned lands and land plots included in the boundaries of the settlement (except for lands that cannot be transferred to municipal ownership) shall become the property of the territorial community. The decisions on the establishment of boundaries of settlements as well as the extracts from the State Land Cadastre on the boundaries of the relevant administrative-territorial units and land plots, the right of ownership to which is transferred to the territorial community, shall constitute the grounds for these land plots to be registered as municipal land plots.

{Article 173 has been supplemented with part 4 under Law No. 5245-VI of 06.09.2012}

Article 174. Authorities adopting the decisions on establishment and change of administrative-territorial units' boundaries

1. The decision to establish and change the boundaries of raions and cities shall be made by the Verkhovna Rada of Ukraine in coordination with the Cabinet of Ministers of Ukraine.

{Part 1 of Article 174 as amended by Law No. 1923-VIII of 14.03.2017}

2. Decisions on the establishment and change of boundaries of villages, settlements that are part of the relevant raion, shall be adopted by the raion council in coordination with the relevant village councils.

Decisions on establishment and change of the boundaries of villages, settlements that are not part of the raion, or if the raion council is not formed, shall be adopted by the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city councils in coordination with the relevant village councils.

{Part 2 of Article 174 as revised by Law No. 5003-VI of 21.06.2012}

3. The decision on establishment and change of boundaries of the districts shall be adopted by city council in coordination with the corresponding district councils.

Article 175. The procedure for establishment and change of the administrative-territorial units' boundaries

The administrative-territorial units' boundaries shall be established under the law.

{Article 176 has been deleted under Law No. 497-VIII of 02.06.2015}

Chapter 30
Planning of land use

Article 177. National land use and protection programmes

1. National land use and protection programmes shall be developed in order to meet population's demands and the needs of economy sector to possess the land, rationally use it, and protect.

2. National land use and protection programmes shall be developed under the programmes of economic, scientific, technical and social development of Ukraine.

3. National land use and protection programmes shall be approved by the Verkhovna Rada of Ukraine.

Article 178. Regional land use and protection programmes

1. Regional land use and protection programmes shall be developed by the Council of Ministers of the Autonomous Republic of Crimea, oblast state administrations and approved by the Verkhovna Rada of the Autonomous Republic of Crimea and regional councils.

2. The programmes for use and protection of the lands in the cities of Kyiv and Sevastopol shall be developed by the Kyiv and Sevastopol city state administrations and approved by the relevant councils.

Article 179. Natural and agricultural zoning of lands

1. Natural and agricultural zoning of lands shall mean a division of the territory taking into account natural conditions and agrobiological requirements of agricultural crops.

2. Natural and agricultural zoning of lands shall be the basis for land valuation and development of land management documentation for land use and protection.

3. The use and protection of agricultural lands shall be carried out in accordance with the natural and agricultural zoning.

4. The procedure of natural and agricultural zoning shall be determined by the Cabinet of Ministers of Ukraine.

Article 180. Land zoning

1. Land zoning shall be carried out within the settlements.

2. Land zoning shall imply the requirements concerning admissible kinds of construction and other use of the land plots within separate plots.

{Part 2 of Article 180 as amended by Law No. 5496-VI of 20.11.2012}

3. Land zoning shall be carried out under the law.

Chapter 31
land management

Article 181. The concept of land management

Land management shall mean a set of socio-economic and environmental measures aimed at regulating land relations and rational organisation of the territory of administrative-territorial units, economic entities, subject to social and industrial relations and the development of productive forces.

Article 182. The purpose of land management

The purpose of land management is to ensure the rational land use and protection, creating a favourable ecological environment and improving natural landscapes.

Article 183. Tasks of land management

The main tasks of land management shall be as follows:

a) implementation of the state policies pertaining to scientifically substantiated land redistribution, formation of a rational system of land tenure and land use with elimination of shortcomings in the location of lands, creation of ecologically sustainable landscapes and agrosystems;

b) information support of the legal, economic, ecological and town-planning mechanism for the regulation of land relations at the national, regional, local, economic levels by developing offers for establishing a special land use regime and conditions;

c) establishment of the boundaries of administrative-territorial units, territories with special environmental, recreational and protected regimes, boundaries of owners' and land users' land plots;

d) implementation of measures for forecasting, planning, organisation of rational use and protection of lands at the national, regional, local and economic levels;

e) organisation of the territories owned by agricultural enterprises and creation of spatial conditions providing ecological and economic optimisation of use and protection of agricultural lands, introduction of progressive forms for the organisation of land use engineering, improvement of ratio and location of lands, system of crop rotations, haymaking and pasture changes;

e) development of a system of measures for preservation and improvement of natural landscapes, restoration and increase of soil fertility, reclamation of disturbed lands and earthing of unproductive lands, protection of lands from erosion, flooding, dehydration, landslides, secondary salination and water logging, compaction, contamination by industrial wastes and chemical substances and other types of degradation, concerning the conservation of degraded and unproductive lands, prevention of other negative phenomena.

f) organisation of territories owned by non-agricultural enterprises, organisations and institutions in order to create conditions for efficient land use, and to establish restrictions and burdens in land use.

Article 184. The content of land management

Land management provides for the following:

a) establishment (restoration) of the boundaries of administrative-territorial units, land tenure and land use;

b) development of national and regional land use and protection programmes;

c) drawing up land management schemes, elaboration of feasibility studies for the use and protection of lands within the relevant administrative-territorial units;

d) substantiation for establishing the boundaries of territories with special environmental, recreational and protected regimes;

{Clause “e” of part 1 of Article 184 has been deleted under Law No. 497-VIII of 02.06.2015}

f) drafting of land plot allotment projects;

g) establishment in kind (on the ground) of the land plots' boundaries;

{Clause “h” of part 1 of Article 184 has been deleted under Law No. 3613-VI of 07.07.2011}

i) preparation of land management projects that provide ecological and economic substantiation of crop rotations, land management, as well as the development of land protection measures;

j) development of other land management documents pertaining to land use and protection;

k) implementation of author's supervision over the implementation of measures provided for in the land management documents;

{Clause “k” of part 1 of Article 184 as revised by Law No. 497-VIII of 02.06.2015}

l) conducting topographic and geodetic, cartographic, soil, geobotanical and other surveys and explorations of lands.

Article 185. Organisation and procedure for land management

1. Land management shall be carried out by economic entities executing the land management works in accordance with the law, at the expense of the State Budget of Ukraine, the budget of the Autonomous Republic of Crimea and local budgets, as well as the citizens' and legal entities' funds.

{Part 1 of Article 185 as amended by Law No. 5394-VI of 02.10.2012}

2.Land management shall be carried out under the law.

Article 186. Coordination and approval of land management documents

1. Land management schemes and feasibility studies for the use and protection of lands within the administrative-territorial units shall be approved by the territorial body of the central executive authority implementing state policies in the field of land relations, the executive authority of the Autonomous Republic of Crimea in the field of cultural heritage protection, structural unit of the relevant oblast, Kyiv or Sevastopol City State Administration in the field of cultural heritage protection, the territorial body of the central executive authority implementing state policies in the field of forestry; and in the Autonomous Republic of Crimea, by the executive authority of the Autonomous Republic of Crimea on forestry, the territorial body of the central executive authority implementing state policies in the field of water management, and on the territory of the Autonomous Republic of Crimea, by the executive authority of the Autonomous Republic of Crimea on water management, structural unit of the relevant raion, Kyiv or Sevastopol city state administration in the field of urban planning and architecture; and if the city is not part of a certain raion, by the executive authority of the relevant city council in the field of urban planning and architecture; and if such a body is not formed, by the executive authority of the Autonomous Republic of Crimea on urban planning and architecture or a structural unit of the relevant oblast state administration on urban planning and architecture.

{Paragraph 1 of part 1 of Article 186 as amended by Law No. 2354-VIII of 20.03.2018}

In case of elaboration of the land management scheme and feasibility study for the use and protection of the lands within a raion, such land management documents shall be additionally approved by the corresponding village, settlement, city councils and the raion state administration.

Land management schemes and feasibility studies for land use and protection of the lands within administrative-territorial units shall be subject to strategic environmental assessment.

{Part 1 of Article 186 has been supplemented with a new paragraph under Law No. 2354-VIII of 20.03.2018}

The land management scheme and feasibility study for the use and protection of the lands within a raion shall be approved by the raion council.

Land management schemes and feasibility studies for the use and protection of lands within the villages, settlements, cities shall be approved by the relevant village, settlement or city council.

Land management schemes and feasibility studies for the use and protection of lands within the exclusion zone and the zone of unconditional (compulsory) resettlement of the territory affected by the Chernobyl disaster shall be approved by the central executive authority implementing state policies in the field of exclusion zone and the zone of unconditional (compulsory) resettlement management.

{Part 1 of Article 186 has been supplemented with a paragraph under Law No. 1472-VIII of 14.07.2016}

2. land management projects on establishment (change) of the boundaries of administrative-territorial units shall be approved by village, settlement, city, raion councils, raion state administrations, whose territory will be used to expand such boundaries. If the the administrative-territorial unit's boundaries are expended at the expense of the territory that is not part of the raion, or if the raion council is not formed, the project shall be approved by the Council of Ministers of the Autonomous Republic of Crimea, oblast state administration.

If the city boundaries are established, the project shall also be approved by the Verkhovna Rada of the Autonomous Republic of Crimea, the oblast council.

The decision of the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, the local government on establishment (change) of the administrative-territorial unit's boundaries shall concurrently constitute a decision on approving land management projects on establishment (change) of the administrative-territorial unit's boundaries.

Land management projects on establishment (change) of the district boundaries shall be coordinated with the relevant district council, district state administration (in case if they are formed).

3. Land management projects for the organisation and establishment of the boundaries of territories pertaining to the nature reserve fund and other environmental purposes, health-improving, recreational, historical and cultural, forest fund, water fund lands and water protection zones, restrictions on land use and their regime-forming objects, shall be subject to mandatory coordination by a territorial body of the central executive authority implementing state policies in the field of land relations and by a structural unit of the relevant raion, Kyiv or Sevastopol city state administration in the field of urban planning and architecture, and if the city is not part of a certain raion, by the executive authority of the relevant city council in the field of urban planning and architecture, as well as the executive authority of the Autonomous Republic of Crimea in the field of cultural heritage protection, a structural unit of the relevant oblast, Kyiv or Sevastopol city state administration in the field of cultural heritage protection (for the projects establishing the boundaries of historical and cultural territories), the territorial body of the central executive authority implementing state policies in the field of forestry; and in the Autonomous Republic of Crimea, by the executive authority of the Autonomous Republic of Crimea on forestry (for the projects establishing the boundaries of forestry areas), the territorial body of the central executive authority implementing state policies in the field of water management, and in the Autonomous Republic of Crimea, by the executive authority of the Autonomous Republic of Crimea for water management (for the projects establishing the boundaries of water fund and water protection zone lands), the central executive authority implementing state policies in the field of environmental protection (if the territories or objects of nature reserve fund of the national importance, lands of health-improving, recreational purpose, water fund and water protection lands are available), executive authority of the Autonomous Republic of Crimea in the field of environmental protection, structural unit of the relevant oblast, Kyiv or Sevastopol city state administration in the field of environmental protection (of the territories or objects of nature reserve fund of the local importance are available). Land management projects for the organisation and establishment of boundaries of nature reserves and other nature protection purposes, forest fund, water fund lands and water protection zones, restrictions on land use and the regime-forming objects within the exclusion zone and the zone of unconditional (compulsory) resettlement of the territory, affected by the radioactive contamination as a result of the Chernobyl disaster, shall be coordinated with the central executive authority, implementing state policies in the field of exclusion zone and the zone of unconditional (compulsory) resettlement management.

{Paragraph 1 of part 3 of Article 186 as amended by Law No. 1472-VIII of 14.07.2016}

Land management projects for the organisation and establishment of the boundaries of territories pertaining to the nature reserve fund and other environmental purposes, health-improving, recreational, historical and cultural, forest fund, water fund lands and water protection zones, restrictions on land use and their regime-forming objects, shall be subject to coordination with the owners and users of land plots that are included in the territory of the nature reserve fund, other nature protection, health-improving, recreational and historical-cultural purpose, forest fund lands, water fund and water protection zone lands, restrictions on the use of lands and their regime-forming objects without their withdrawal, except for cases when the restrictions are directly established by the law or the duly adopted regulatory acts.

Land management projects for the organisation and establishment of the boundaries of territories pertaining to the nature reserve fund and other environmental purposes, health-improving, recreational, historical and cultural, forest fund, water fund lands and water protection zones, restrictions on land use and their regime-forming objects, shall be approved by the customers.

4. Land management projects for privatisation of lands owned by state agricultural enterprises, institutions and organisations shall be approved by the decision of the general meeting of employees of these enterprises, institutions and organisations (other entities defined by the law), the territorial body of the central executive authority implementing state policies in the field of land relations, and shall be approved by raion state administrations.

Land management projects for privatisation of lands owned by municipal agricultural enterprises, institutions and organisations shall be approved by the decision of the general meeting of employees of these enterprises, institutions and organisations (other entities defined by the law), the territorial body of the central executive authority implementing state policies in the field of land relations, in the raion (city) and shall be approved by the relevant village, settlement, and city councils.

5. Land management projects on the organisation of the territory of land shares (paiv) shall be coordinated by the relevant village, settlement, city council and approved at the meeting by the majority of owners of land shares (units) within the lands owned (used) by such agricultural enterprise, subject to execution of a relevant protocol.

{Part 5 of Article 186 as amended by Law No. 2498-VIII of 10.07.2018}

6. Land management projects for allocation of land plots shall be coordinated in accordance with Article 186-1 of this Code and approved by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive authorities or local governments in accordance with Article 122 of this Code.

7. Land management projects on landscaping for urban needs, shall be agreed in accordance with the procedure established by Article 186-1 of this Code, and shall be approved:

by the relevant village, town, city councils, if the project provides for landscaping for urban needs of the territory located within the settlements;

by the raion state administration, if the project provides for landscaping for urban needs of the territory located outside the settlements, and by the Council of Ministers of the Autonomous Republic of Crimea, oblast state administration, if the district state administration is not formed.

8. Land management projects providing for ecological and economic justification for crop rotation and agricultural lands engineering shall not be subject to coordination and shall be approved by the customers of such projects.

9. Land management projects for landscaping of settlements shall be coordinated in accordance with the procedure established by Article 186-1 of this Code and approved by the relevant village, settlement, city councils.

10. Working land management projects shall be subject to approval by the territorial body of the central executive authority implementing state policies in the field of land relations, the executive authority of the Autonomous Republic of Crimea in the field of environmental protection, structural unit of the relevant oblast, Kyiv or Sevastopol city state administration in the field of environmental protection.

Detailed land management projects, which provide for the construction of facilities and structures, shall also be coordinated by the structural unit of the relevant raion, Kyiv or Sevastopol city state administration in the field of urban planning and architecture, and by the executive authority of the relevant city council in the field of urban planning and architecture, if the city is not part of a raion; and by the executive authority of the Autonomous Republic of Crimea on urban planning and architecture or a structural unit of the relevant oblast state administration on urban planning and architecture, if such an authority is not formed.

Detailed land management projects shall be approved by the customers of such projects.

11. Technical documents on land management on establishment of the boundaries of the land plot part subject to the right of sublease, easement, shall be agreed by the land owner and land user and approved by the person acquiring the right of sublease or easement.

Technical documents on land management on establishment of the boundaries of the land plot part subject to the right of easement to use the land plot for the needs of research and development of amber deposits, other minerals of national importance and/or extraction of amber, other minerals of national importance if a person acquiring the right of easement has obtained a special permit for research and industrial development of amber deposits, other minerals of national importance and/or extraction of amber, other minerals of national importance, shall be agreed by the land owner or land user and approved by the person acquiring the right of easement.

{Part 11 of Article 186 has been supplemented with paragraph 2 under Law No. 402-IX of 19.12.2019}

12. Technical documents on land management regarding the division and assembly of land plots shall be coordinated:

by owner of land plots, if the division, assembly of land plots is carried out by its user; and by the executive authority, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, local government, authorised to dispose of land plots in accordance with the powers specified in Article 122 of this Code, in case of the state-owned or municipal land plots;

by pledge holder, in case of division, assembly of the pledged land plot;

by land user, in case of division, assembly by the owner of a land plot in use.

Technical documents on land management regarding the division and assembly of land plots shall be approved by the customer.

13. Technical documents on land management regarding the land inventory shall be coordinated by the territorial body of the central executive authority implementing state policies in the field of land relations, and approved by the customer of technical documents. In the case of inventory of the area of agricultural lands, technical documentation on land management for land inventory shall also be approved by the village, town, city council (except in cases of inventory of the area of agricultural lands of the state-owned lands).

{Paragraph 1 of part 13 of Article 186 as amended by Law No. 2498-VIII of 10.07.2018}

If the land plots are formed at the expense of state and municipal lands, their agricultural lands are determined, as well as if such land plots are assigned to certain categories, by virtue of the inventory materials, the technical documents on land management for land inventory (except for the technical documents for area of agricultural lands) shall be coordinated in the manner prescribed by Article 186-1 of this Code.

{Paragraph 2 of part 13 of Article 186 as amended by Law No. 2498-VIII of 10.07.2018}

Assignment of especially valuable lands, defined by clauses “a” and “b” of part one of Article 150 of this Code, to the lands of other categories by virtue of inventory materials shall be prohibited.

14. Technical documents on land management regarding the establishment (restoration) of the boundaries of the land plot in kind (on the ground) shall not be subject to approval and shall be approved by:

the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive authorities or local governments in accordance with the powers defined in Article 122 of this Code, if the land plot is in state or municipal ownership;

the land plot owner, if the land plot is in private ownership.

15. The original of the relevant land management documents shall be submitted by the developer for approval to the territorial body of the central executive authority implementing state policies in the field of land relations, and the copies of this documents certified by developer to other executive authorities, local governments and other entities that coordinate land management documents.

16. The Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive or local governments, other entities specified in this Article shall provide or send by registered mail free of charge within ten working days from the date of receipt of land management documents with notification to the developer of its conclusions on its approval or refusal of such approval with a mandatory reference to the laws and regulations adopted in accordance therewith, governing relations in the relevant field. These conclusions shall be valid for an indefinite period.

17. The grounds for refusal to approve the land management documents may be only its non-compliance with the legal requirements and the duly adopted regulatory acts, land management documents or urban planning documents.

18. The Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive authorities, local governments, other entities defined by this Article, when coordinating and approving land management documents, shall be prohibited to require the following:

additional materials and documents not included in the land management documents established by the Law of Ukraine “On Land Management”;

approval of land management documents by any other executive authorities, local governments, enterprises, institutions and organisations, the approval of which is not provided for in this article;

conducting any investigations, examinations and works.

Each executive authority, local government, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, another entity defined by this article, shall consider and approve land management documents independently and without regard to coordination of land management documents with other authorities.

19. Land management documents shall be submitted for conducting the state examination of land management documents in the cases and in accordance with the procedure established by the Law of Ukraine “On State Examination of Land Management Documents”.

20. Approval of land management documents shall be carried out at the location of lands (land plots) by territorial bodies of central executive authorities formed in the raion, city of oblast, republican importance (Autonomous Republic of Crimea), Kyiv and Sevastopol, or interregional territorial body, if its powers extend to several administrative-territorial units.

If the territorial bodies of central executive authorities specified in the first paragraph of this part are not available, the land management documents shall be coordinated by territorial body of central executive authorities formed in the Autonomous Republic of Crimea, oblast, and in case they are not available, by relevant central executive authority directly.

{Article 186 as revised by Law No. 497-VIII of 02.06.2015}

Article 186-1. Powers of executive authorities in terms of approval of land management projects for the allocation of land plots

1. The land management project on allocation of land plots of all categories and ownership forms (except for land plots of the exclusion zone and the zone of unconditional (obligatory) resettlement of the territory affected by the Chernobyl disaster) shall be subject to obligatory coordination with the territorial body of the central executive authority implementing state policies in the field of land relations

The land management project for the allocation of land plots of the exclusion zone and the zone of unconditional (compulsory) resettlement of the territory affected by the Chernobyl disaster shall be subject to mandatory approval by the central executive authority implementing state policies in the field of land relations.

{Part 1 of Article 186-1 as revised by Law No. 1472-VIII of 14.07.2016}

2. Land management project for allocation of a land plot within a settlement or a land plot outside a settlement on which a construction object is located or the location of such an object is planned (except for a land management project for allocation of a land plot of an exclusion zone or the zone of unconditional (compulsory) resettlement of the territory affected by radioactive contamination as a result of the Chernobyl disaster) shall also be submitted for approval to the structural units of raion, Kyiv and Sevastopol city state administrations in the field of urban planning and architecture; and to the executive authority of city council in the field of urban planning and architecture, if the city is not part of a raion; and to the executive authority of the Autonomous Republic of Crimea on urban planning and architecture or a structural unit of the regional state administration on urban planning and architecture, if such an authority is not formed.

{Part 2 of Article 186-1 as revised by Law No. 365-VII of 02.07.2013; as amended by Law No. 1472-VIII of 14.07.2016}

3. Land management project for the allocation of a land plot:

of the nature reserve and other nature protection purpose, land plot located on the territory or within the object of nature reserve fund or within the shoreline protection belt, shall also be subject to coordination with the executive authority of the Autonomous Republic of Crimea in the field of environmental protection, structural unit of oblast, Kyiv or Sevastopol city state administration in the field of environmental protection; and with the central executive authority shaping and implementing state policies in the field of environmental protection, if the land plot is located in the exclusion zone or zone of unconditional (compulsory) resettlement of the territory affected by radioactive contamination as a result of the Chernobyl disaster;

{Paragraph 2 of part 3 of Article 186-1as amended by Law No. 1472-VIII of 14.07.2016}

located on the territory of cultural heritage monuments of national importance, their protected areas and protected archaeological areas, shall also be subject to approval by the central executive authority implementing state policies in the field of cultural heritage protection;

located on the territory of lands of historical and cultural purpose, monuments of cultural heritage of local significance, their protection zones, in historical areas of settlements and other lands of historical and cultural purpose, except for the cases specified in paragraph 3 of this part, shall also be coordinated with the executive authority of the Autonomous Republic of Crimea in the field of cultural heritage protection, by the relevant structural unit of the oblast, Kyiv or Sevastopol city state administration in the field of cultural heritage protection;

of the forest fund lands shall also be subject to coordination with the central executive authority implementing state policies in the field of forestry, and with the executive authority of the Autonomous Republic of Crimea on forestry issues in the Autonomous Republic of Crimea;

of the water fund lands shall also be subject to coordination with the central executive authority implementing state policies in the field of water management, and with the executive authority of the Autonomous Republic of Crimea on water management in the Autonomous Republic of Crimea.

{Part 3 of Article 186-1 as revised by Law No. 365-VII of 02.07.2013}

4. The developer shall submit for approval to the authority specified in part 1 of this article, at the location of the land plot, the original land management project for allocation of the land plot, and to the authorities specified in parts 2 and 3 of this article they shall submit the certified copies of the project, and regarding the land plot of the exclusion zone or the zone of unconditional (compulsory) resettlement of the territory affected by the Chernobyl disaster, the developer shall submit the original land management project for allocation of land plot for the approval to the central executive authority implementing state policies in the field of land relations, and to the bodies specified in part 3 of this article, they shall submit the copies of the project certified by them.

{Part 4 of Article 186-1 as revised by Law No. 365-VII of 02.07.2013; as amended by Law No. 1472-VIII of 14.07.2016}

5. The bodies referred to in parts 1 to 3 of this Article shall, within ten working days from the date of receipt of the land management project for allocation of a land plot or a copy of such project, provide or send by registered mail their conclusions of coordination or the refusal to coordinate, with the obligatory reference to the laws and the duly adopted regulatory acts governing relations in the relevant field.

{Part 5 of Article 186-1 as revised by Law No. 365-VII of 02.07.2013}

6. The grounds for refusal to coordinate the land management project for the allocation of a land plot may be only its non-compliance with the legal requirements and the duly adopted regulatory acts, land management documents or urban planning documents.

If the land management project for land allocation is subject to mandatory state examination of land management documents, the approved project shall be submitted by the customer or developer to the central executive authority implementing state policies in the field of land relations, or its territorial body for such examination.

7. The bodies specified in parts 1–3 of this article, at the coordination of the project of the land management concerning assignment of the land plot shall be forbidden to demand:

additional materials and documents not included in the land management project for the allocation of land plot under Article 50 of the Law of Ukraine “On Land Management”;

approval of the land management project for the allocation of land plot by any other executive authorities, local governments, enterprises, institutions and organisations;

conducting any investigations, examinations and works.

Each authority shall consider and approve the land management project for the allocation of land independently and without regard to the project approval by other authorities specified in parts 1–3 of this article, within the period prescribed by the law.

{Article 186-1 has been supplemented with part 7 under Law No. 365-VII of 02.07.2013}

8. The conclusion on refusal to coordinate the land management project for allocation of land plot by the authorities referred to in parts 1–3 of this article shall provide an exhaustive list of shortcomings of the land management project for allocation of a land plot and a reasonable time to eliminate such shortcomings (it can be extended by a written request of the developer).

The bodies specified in parts 1–3 of this Article may refuse to coordinate a land management project for the allocation of a land plot only if the shortcomings highlighted in the previous conclusion have not been eliminated. It is not possible to refuse to approve the land management project for the allocation of land plot for other reasons or to indicate other shortcomings.

Repeated refusal does not deprive the developer of the land management project for the land plot allocation to eliminate the project shortcomings and submit it for coordination.

{Article 186-1 has been supplemented with part 8 under Law No. 180-VIII of 11.02.2015}

{Law has been supplemented with Article 186-1 under Law No. 1702-VI of 05.11.2009; as revised by Law No. 5395-VI of 02.10.2012}

Chapter 32
Oversight over land use and protection

Article 187. Purposes of oversight over land use and protection

Oversight over land use and protection shall ensure compliance by state authorities, local governments, enterprises, institutions, organisations and citizens with the land legislation of Ukraine.

Article 188. State oversight over land use and protection

1. State oversight over land use and protection shall be carried out by the central executive authority implementing state policies in the field of state supervision (oversight) in the agro-industrial complex, and over the compliance with land protection legislation, by the central executive authority implementing state policies on supervision (oversight) in the field of environmental protection, rational use, restoration and protection of natural resources.

{Part 1 of Article 188 as revised by Laws No. 4444-VI of 23.02.2012, No. 5462-VI of 16.10.2012}

2. The procedure for exercising state oversight over use and protection of lands shall be established by the law.

Article 189. Municipal oversight over land use and protection

Municipal oversight over land use and protection shall be exercised by village, settlement, city, raion and oblast councils.

Article 190. Public oversight over land use and protection

Public oversight over use and protection of lands shall be carried out by public inspectors appointed by the relevant local governments, the central executive authority implementing state policies in the field of state supervision (oversight) in the agro-industrial complex, the central executive authority implementing state policies on state supervision (oversight) in the field of environmental protection, and shall operate by virtue of regulation approved by the central executive authorities shaping state policies in the field of supervision (oversight) in the agro-industrial complex, environmental protection.

{Text of Article 190 as revised by Law No. 5462-VI of 16.10.2012}

Chapter 33
Land monitoring

Article 191. Assignment of land monitoring

1. Land monitoring shall mean a system for supervision over the condition of lands in order to timely identify and assess the changes, prevent and eliminate the consequences of negative processes.

2. The land monitoring system collects, processes, transmits, stores and analyses information on the condition of lands, forecasts their changes and develops scientifically sound recommendations for decision-making to prevent negative changes in the condition of lands and compliance with environmental safety requirements.

3. Land monitoring shall be an integral part of the state environmental monitoring system.

4. Depending on the objectives, observations and coverage of the territories, land monitoring may be national, regional and local.

5. Land monitoring shall be carried out by the central executive authority implementing the state policies in the field of land relations, the central executive authority implementing the state policies in the field of environmental protection.

{Part 5 of Article 191 as amended by Law No. 5462-VI of 16.10.2012}

6. The procedure for land monitoring shall be established by the Cabinet of Ministers of Ukraine.

Article 192. Purposes of land monitoring

The main purposes of land monitoring are to forecast the ecological and economic consequences of land degradation in order to prevent or eliminate the effects of negative processes.

Chapter 34
State Land Cadastre

Article 193. Definition of the state land cadastre

1. State Land Cadastre shall mean the only state geographic information system containing data on the lands located within the borders of Ukraine, their purpose, restrictions on their use, as well as data on quantitative and qualitative characteristics of lands, their assessment, the distribution of lands between owners and users.

{Part 1 of Article 193 as revised by Law No. 3613-VI of 07.07.2011}

2. The State Land Cadastre shall be the basis for maintaining cadastres of other natural resources.

Article 194. Designation of the State Land Cadastre

The purpose of the State Land Cadastre is to provide the necessary information to public authorities and local governments, interested enterprises, institutions and organisations, as well as citizens to regulate land relations, rational use and protection of lands, determine land fees and land value in the framework of natural resources, oversight over land use and protection, economic and environmental justification of business plans and land management projects.

Article 195. Purposes of maintaining the State Land Cadastre

The main purposes of maintaining the State Land Cadastre shall be:

a) ensuring the completeness of information on all land plots;

b) application of a unified system of spatial coordinates and a system of land identification;

c) introduction of a unified system of land cadastral information and its reliability.

Article 196. Scope of information of the State Land Cadastre

Scope of information of the State Land Cadastre shall be determined by the law.

{Article 196 as revised by Law No. 3613-VI of 07.07.2011}

Article 197. Cadastral zoning

Cadastral zoning shall mean the establishment of boundaries of cadastral zones and quarters.

{Article 197 as revised by Law No. 3613-VI of 07.07.2011}

Article 198. Cadastral surveys

1. Cadastral surveys shall mean a set of works performed to determine and restore the boundaries of land plots.

2. Cadastral survey shall include the following:

a) geodetic establishment of the land plot boundaries;

b) coordination of the land plot boundaries with adjacent owners and land users;

c) restoration of the land plot boundaries on the ground;

d) establishing the boundaries of parts of the land plot that contain encumbrances and restrictions on land use;

e) preparation of a cadastral plan.

Article 199. Soil rating

1. Soil rating shall mean a comparative assessment of soil quality according to their main natural properties of a sustainable character and significantly affecting the yield of crops grown in specific climatic conditions.

2. Soils shall be rated according to 100-point scale. The highest point is given to soils with the best properties, which have the highest natural productivity.

Article 200. Economic evaluation of lands

1. Economic evaluation of lands shall mean the evaluation of land as a natural resource and means of production in agriculture and forestry and as a spatial basis in social production upon indications characterising the productivity of land, efficiency of use and profitability per unit area.

2. Economic evaluation of lands of different purposes shall be carried out for the comparative analysis of efficiency of their use. Data of economic valuation of land shall be the basis of monetary valuation of land plot for various purposes.

3. The economic valuation of lands shall be determined in conditional cadastral hectares or in monetary terms.

Article 201. Monetary valuation of land

1. Monetary valuation of land shall be determined on a rent basis.

2. Depending on the purpose and procedure, the monetary valuation of land may be normative and expert.

3. Normative monetary valuation of land plots shall be used to determine the amount of land tax, losses of agricultural and forestry production, economic incentives for rational use and protection of land, etc.

4. Expert monetary valuation shall be applied in the implementation of civil law agreements related to land plots.

5. Monetary valuation of land plots shall be carried out according to the methodology approved by the Cabinet of Ministers of Ukraine.

Article 202. State registration of land plots

1. The state registration of land plots shall be carried out in the State Land Cadastre under the procedure established by the Law.

{Article 202 as revised by Law No. 3613-VI of 07.07.2011}

Article 203. Qualitative and quantitative land inventory

1. The quantitative land inventory shall mean the registration of information in the form of data and documents, characterising every land plot, as well as the lands by area and types of agricultural lands, division of lands between the land owners and users.

2. The qualitative land inventory shall mean the registration of information in the form of data and documents, characterising agricultural lands by natural and acquired properties affecting their productivity and economic value, as well as by the degree of technogenic soil contamination.

{Article 203 as revised by Law No. 3613-VI of 07.07.2011}

Article 204. Keeping of the State Land Cadastre

The State Land Cadastre shall be kept in accordance with the law.

{Article 204 as revised by Law No. 3613-VI of 07.07.2011}

Chapter 35
Economic incentives for rational land use and protection

Article 205. The content of economic incentives for rational land use and protection

1. Economic incentives for the rational land use and protection shall include the following:

a) providing tax and credit benefits to citizens and legal entities taking at their own expense the measures provided for by national and regional land use and protection programmes;

b) allocation of state or local budget funds to citizens and legal entities to restore the previous condition of lands disturbed through no fault of their own;

c) exemption from payment for land plots that are in the stage of agricultural development or improvement of their condition in accordance with state and regional programmes;

d) compensation from the budget funds for the reduction of income of land owners and land users due to the temporary conservation of degraded and unproductive lands that have become so through no fault of their own.

Article 206. Land fee

1. Land use in Ukraine shall be paid. Land plot shall be the object of land fee.

2. Land fee shall be subject to settlement under the law.

Chapter 36
Compensation for losses of agricultural and forestry production

Article 207. Terms of compensation for losses of agricultural and forestry production

1. Losses of agricultural and forestry production shall include losses of agricultural lands, forest fund lands and shrubs, as well as losses caused by restrictions on land use and deterioration of land quality.

2. Losses of agricultural lands (arable land, perennial plantations, fallow lands, hayfields, pastures), forest lands and shrubs as the main means of production in agriculture and forestry as a result of their withdrawal (redemption) for needs not related to agricultural and forestry production shall be subject to compensation, as well as due to the use for construction, placement and operation of oil and gas facilities, development of fields and subsoil use for experimental and industrial development of amber deposits, other minerals of national importance and/or extraction of amber, other minerals of national importance.

{Part 2 of Article 207 as amended by Law No. 2314-VIII of 01.03.2018; as revised by Law No. 402-IX of 19.12.2019}

3. Losses incurred by restriction of the rights of land owners and land users, including lessees, or by deterioration of land quality due to the negative impact caused by the activities of citizens, legal entities, local governments or the state, as well as due to the exclusion of agricultural lands, forest fund lands and shrubs from economic circulation due to the establishment of protection, sanitary and other protection zones, shall also be subject to compensation.

4. Losses of agricultural and forestry production shall be compensated regardless of indemnification to land owners and land users.

5. Losses of agricultural and forestry production shall be determined under the procedure established by the Cabinet of Ministers of Ukraine.

Article 208. Exemption from compensation for losses of agricultural and forestry production

1. Citizens and legal entities shall be exempted from compensation for losses of agricultural and forestry production in case of use of land plots for construction of schools, preschool facilities, state objects of health care, culture, fitness and sports, social service, state objects of road construction, worship buildings of religious organisations, cemeteries, amelioration systems, anti-erosion, anti-landslide and anti-mud structures, for the construction and maintenance of residential buildings and outbuildings, for the location of internal facilities of the farm, fishery, and forestry enterprises, organisations and institutions, for the accomodation of the infrastructure of wholesale agricultural markets, peat extraction under the condition of returning land plots in a condition suitable for preliminary use, for objects and territories of the nature reserve fund, for construction and maintenance of energy facilities that produce electric power from alternative energy sources, for afforestation of degraded and unproductive lands by virtue of land management documents, in case of using land plots for construction, arrangement and maintenance of engineering and fortification structures, fences, border signs, border clearings, communications, and all-Ukrainian public organisations of persons with disabilities of Ukraine, their enterprises (associations), institutions and organisations financed from the State Budget of Ukraine, in case of using land plots for construction of rehabilitation facilities for persons with disabilities and children with disabilities, fitness, sports, and social service facilities for people with disabilities and children with disabilities.

{Part 1 of Article 208 as amended by Laws No. 1561-VI of 25.06.2009, No. 2471-VI of 08.07.2010, No. 2480-VI of 09.07.2010, No. 2581-VIII of 02.10.2018, No. 232-IX of 29.10.2019}

2. The implementation of internal construction by agricultural or forestry enterprises, organisations, institutions, as well as citizens shall be carried out without compensation for losses of agricultural and forestry production.

Article 209. Use of funds received in order to compensate for losses of agricultural and forestry production

1. Losses of agricultural and forestry production caused by the withdrawal of agricultural lands, forest fund lands and shrubs shall be reimbursed and credited to the relevant budgets in the manner prescribed by the Budget Code of Ukraine.

2. Funds received in order to compensate for losses of agricultural and forestry production shall be used for land development for agricultural and forestry needs, improvement of the relevant lands, land protection in accordance with developed land management programmes and projects, as well as for land inventory, regulatory monetary land valuation. These funds shall not be used for other purposes not specified herein.

{Part 2 of Article 209 as revised by Law No. 2182-VI of 13.05.2010; as amended by Law No. 5245-VI of 06.09.2012}

{Text of Article 209 as revised by Law No. 2154-VI of 27.04.2010 – amendments effective in 2010 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 22-rp/2010 of 30.11.2010; as amended by Law No. 2182-VI of 13.05.2010; the text of Article 209 as revised by Law No. 2457-VI of 08.07.2010}

{Also refer to Law No. 2905-III of 20.12.2001}

Section VIII
RESPONSIBILITY FOR THE LAND LAW VIOLATION

Chapter 37
Responsibility for the land law violation

Article 210. Invalidity of the agreements on land plots

Agreements concluded in violation of the procedure for sale, lease, gift, pledge, exchange of land plots established by the law shall be declared invalid by a court decision.

{Article 210 as amended by Law No. 997-V of 27.04.2007}

Article 211. Responsibility for the land law violation

1. Citizens and legal entities shall bear civil, administrative or criminal responsibility under the law for the following violations:

a) concluding agreements in violation of land law;

b) unauthorised occupation of land plots;

c) damage to agricultural lands and other lands, their contamination with chemical and radioactive substances and sewage water, littering with industrial, household and other wastes;

d) placement, design, construction, commissioning of facilities that adversely affect the condition of land;

e) non-compliance with the requirements for the use of land for its intended purpose;

e) violation of the terms on the return of temporarily occupied lands or non-fulfillment of obligations to bring them into a condition suitable for their intended use;

f) destruction of boundary markers;

g) concealment from accounting and registration and distortion of data on the condition of lands, size and number of land plots;

h) non-reclamation of disturbed lands;

i) destruction or damage of anti-erosion and hydraulic structures, protective plantings;

j) non-compliance with the conditions of removal, storage and application of the fertile soil layer;

k) deviations from duly approved land management projects; the use of agricultural land plots for commodity agricultural production without approved (in cases specified by law) land management projects providing environmental and economic justification for crop rotation and land management;

{Clause “k” of part 1 of Article 211 as revised by Law No. 1443-VI of 04.06.2009}

l) evasion of state registration of land plots and submission of unreliable information about them;

m) delays in consideration of applications for allocation of land plots;

n) delays in issuance of a state act on the right of ownership to the land plot.

{Part 1 of Article 211 has been supplemented with clause “n” under Law No. 3521-VI of 16.06.2011}

2. The law may establish responsibility for other land law violations.

Article 212. Return of illegally occupied land plots

1. Illegally occupied land plots shall be returned to land owners or land users without compensation for expenses incurred during their illegal use.

2. Bringing land plots into a usable condition, including demolition of buildings, structures and constructions, shall be carried out at the expense of citizens or legal entities that have illegally occupied land plots.

3. The return of illegally occupied land plots shall be carried out by a court decision.

Section IX
FINAL PROVISIONS

1. This Code shall enter into force on 1 January 2002.

2. To recognise the Land Code of Ukraine (The Official Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1991, No. 10, p. 98; The Official Bulletin of the Verkhovna Rada of Ukraine, 1992, No. 25, p. 354; 1993, No. 10, p. 79, No. 26, p. 276; 1999, No. 18, p. 138; 2000, No. 39, p. 333).

3. Laws and other regulatory acts adopted before the entry into force of this Code shall apply to the extent not contradicting this Code.

4. The Cabinet of Ministers of Ukraine within six months after the publication of this Code shall:

a) prepare and submit for consideration to the Verkhovna Rada of Ukraine and the President of Ukraine the offers on amendments to legislative acts arising from this Code;

b) bring its regulations in line with this Code;

c) develop regulatory acts provided for by this Code, including draft laws on land management, State Land Cadastre, land valuation, land protection, delimitation of lands of state and municipal ownership, determination of legal bases for withdrawal of the lands of the private ownership, etc .;

{Subclause “c” of clause 4 of section IX as amended by Laws No. 5494-VI of 20.11.2012, No. 1507-VII of 17.06.2014}

d) ensure that the central executive authorities of Ukraine adopt the regulatory acts provided for by this Code, as well as revise and repeal the regulatory acts contradicting this Code;

e) take measures to meet the needs of teachers, doctors, other social workers living in rural areas, as well as citizens affected by the Chernobyl disaster and evacuated from the exclusion zone, relocated from the zone of unconditional (compulsory) or guaranteed voluntary resettlement, living in rural areas, in land plots for personal farming and gardening within the standards of free privatisation, as well as for vegetable gardening and haymaking at the expense of undistributed lands and reserve fund;

f) resolve issues in the prescribed manner on the introduction of positions of land surveying engineers in the staffs of village and settlement councils and the organisation of state departments (offices) of land resources in city councils;

g) determine the needs of scientific institutions and educational facilities in land plots for scientific research, cultivation of elite seed material, needs of breeding livestock in feedstuffs, implementation of the educational process, as well as resolve issues concerning lands of scientific institutions and educational facilities that can be transferred for other uses;

h) develop and approve a methodology for expert monetary valuation of agricultural lands.

5. The Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea shall bring their regulatory acts in line with this Code.

{Clause 6 of section IX has been deleted under Law No. 1507-VII of 17.06.2014}

Section X
TRANSITIONAL PROVISIONS

1. Decisions on the provision of land plots for use, as well as on the withdrawal (redemption) of lands, adopted by the relevant authorities, but not executed at the moment of entry into force of this Code, shall be enforced according to the requirements of this Code.

To establish that decisions on transfer of land plots to citizens of Ukraine free of charge, adopted by local governments pursuant to the Decree of the Cabinet of Ministers of Ukraine of December 26, 1992 “On privatisation of land plots”, are grounds for registration of the right of ownership to land plots of these citizens or their heirs according to the Law of Ukraine “On State Registration of Immovable Property Rights and Encumbrances”. State registration of such land plots shall be carried out on the basis of technical land management documents for the establishment (restoration) of the boundaries of the land plot in kind (on the ground).

{Clause 1 of section X has been supplemented with paragraph 2 under Law No. 509-VI of 16.09.2008; as revised by Law No. 497-VIII of 02.06.2015}

If the relevant authorities decide to coordinate the object location or to issue a permission for the development of a land allocation project before 1 January, 2008, such land plots shall be leased from state-owned and municipal lands without land auctions.

{Clause 1 of section X has been supplemented with paragraph 3 under Law No. 509-VI of 16.09.2008 – shall be effective for two years since the entry into force, refer to clause 2 of section II of Law No. 509-VI of 16.09.2008 (as amended under Law No. 2367-VI of 29.06.2010)}

Land plots shall be leased without auctions to the investors within the frameworks of the investment contracts concluded before 1 January, 2008, in accordance with the decisions of executive authorities or local governments, (upon the condition that these authorities provide the investors with such land plots).

{Clause 1 of section X has been supplemented with paragraph 4 under Law No. 1702-VI of 05.11.2009}

The information on land plots, the location of which is determined by land management projects for the organisation of territory of the land shares (paiv), which were developed before the entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Determine the Composition, Content and Procedure for Coordination of Land Management Documents”, data on which is not included in the State Land Cadastre, shall be registered according to the technical land management documents for the establishment (restoration) of the boundaries of the land plot in kind (on the ground).

{Clause 1 of section X has been supplemented with paragraph 5 under Law No. 497-VIII of 02.06.2015}

2. Requests and applications for allocation of land plots, not resolved at the time of entry into force of this Code, shall be implemented by executive authorities and local governments in accordance with their competence in the manner and in compliance with the requirements of this Code.

3. In cases when land plots are leased before the entry into force of this Code by the authorities whose powers to provide land plots have been changed with the adoption of this Code, the extension of the lease term of these land plots shall be carried out by authorities entitled to provide these lands under this Code.

4. Materials of the coordination of issues related to the withdrawal (redemption) of lands, on which at the time of entry into force of this Code no relevant decisions have been made, shall be considered according to this Code.

5. The right to conduct exploration works on land plots under permits obtained prior to the entry into force of this Code shall be retained until the expiration of the period stipulated by the permits.

{The provisions of paragraph 6 of section X shall cease to be valid as inconsistent with the Constitution of Ukraine (are unconstitutional) in terms of the obligation to re-register the right of permanent use of a land plot to the right of ownership or lease without appropriate legislative, organisational and financial support under Decision of the Constitutional Court No. 5-rp/2005 of 22 September 2005}

6. {The provisions of paragraph 6 of section X shall cease to be valid as inconsistent with the Constitution of Ukraine (are unconstitutional) in terms of the obligation to re-register the right of permanent use of a land plot to the right of ownership or lease without appropriate legislative, organisational and financial support under Decision of the Constitutional Court No. 5-rp/2005 of 22.09.2005} Citizens and legal entities having land plots in permanent use, but under this Code may not possess them under such a right, shall re-register the right of ownership or the right of lease by 1 January 2008.

{Paragraph 1 of clause 6 of section X as amended by Law No. 2059-IV of 06.10.2004}

When re-registering the right of permanent use of land plots provided for peasant (individual) farming, the lease term shall determined by the peasant (individual) farm for long-term lease under the law. In this case, the amount of lease payment for land plots shall not exceed the amount of land tax.

7. Citizens and legal entities that have received the right of ownership or temporary use - including on lease terms - of the land plots in the amounts provided by the previous legislation, shall retain the rights to these plots.

8. Agricultural enterprises that have concluded lease contracts with the owners of land shares (paiv) before enactment of this Code, may at the request of the owners of these shares (paiv), order the land management organisation to perform land management works necessary to allocate land shares (paiv) in kind (on the ground), issue the state acts on land ownership to their owners, and pay for the performance of such works. An agricultural enterprise shall have a pre-emptive right to lease land plots from such citizens for a period stipulated in the land share (pai) lease contract or for another period by agreement of the parties.

Members of collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies and employees of state and municipal educational, cultural and health care facilities located on the territory of the relevant council, as well as pensioners from among them who did not privatise land plots at the time of entry into force of this Code, by registration of the right to a land share (pai), shall have the right to privatise them in the manner prescribed by Articles 25 and 118 of this Code. In agricultural joint-stock companies, only their members who work in the company, as well as pensioners from among them, shall have the right to a land share (pai).

{Clause 8 of section X has been supplemented with a paragraph under Law No. 675-IV of 03.04.2003; as amended by Law No. 1694-IV of 20.04.2004}

When calculating the size of the land share (pai), agricultural lands that were leased from state or municipal lands or which at the time of entry into force of the Land Code of Ukraine were owned by these enterprises on the right of collective ownership or were in permanent use shall be considered, except for the lands subject to privatisation or remaining in state or municipal ownership under this Code.

{Clause 8 of section X has been supplemented with a paragraph under Law No. 675-IV of 03.04.2003}

9. Citizens who are owners of land shares (paiv) may allocate land plots in kind (on the ground) within a single area.

{Clause 10 of section X has been deleted under Law No. 5245-VI of 06.09.2012}

{Clause 11 of section X has been deleted under Law No. 5245-VI of 06.09.2012}

{Clause 12 of section X has been deleted under Law No. 5245-VI of 06.09.2012}

13. For the period up to 1 January 2015, citizens and legal entities may acquire the right of ownership to agricultural land with a total area of up to 100 hectares. This area may be increased in case if the land plots are inherited under law.

{Clause 13 of section X as amended by Law No. 2059-IV of 06.10.2004}

14. Until the entry into force of the law on the circulation of agricultural land, but not earlier than 1 January 2020, it shall be prohibited to introduce the right to land share (pai) into the authorised capital of companies.

{Clause 14 of section X as amended by Law No. 2059-IV of 06.10.2004; as revised by Law No. 490-V of 19.12.2006; as amended by Law No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008; as amended by Law No. 1783-VI of 19.01.2010; as revised by Laws No. 4174-VI of 20.12.2011, No. 5494-VI of 20.11.2012; as amended by Laws No. 767-VIII of 10.11.2015, No. 1669-VIII of 06.10.2016, No. 2236-VIII of 07.12.2017, No. 2666-VIII of 20.12.2018}

15. Until the law on agricultural land circulation becomes effective, but not earlier than 1 January 2020, it shall be prohibited to:

{Paragraph 1 of clause 15 of Section X as amended by Law No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008; as amended by Law No. 1783-VI of 19.01.2010; as revised by Laws No. 4174-VI of 20.12.2011, No. 5494-VI of 20.11.2012}

a) purchase and sale agricultural land plots of state and municipal ownership, lands transferred to municipal ownership under paragraph 21 of this section or transferred to municipal ownership under Article 14-1 of the Law of Ukraine “On the Procedure of Allocation of Land Plots in kind (on the ground) to the Owners of Land Shares (Paiv)”, except for their withdrawal (redemption) for public needs;

{Subclause “a” of clause 15 as revised by Law No. 309-VI of 03.06.2008; as amended by Law No. 2498-VIII of 10.07.2018}

b) purchase or sale or other alienation of land plots and change of purpose (use) of land plots owned by citizens and legal entities for conducting commodity agricultural production, the land plots allocated in kind (on the ground) to owners of land shares (paiv) for personal peasant farming, as well as land shares (paiv), except for their inheritance, exchange under part 2 of Article 37-1 of this Code of the land plot for another land plot with the same regulatory monetary value or with difference between regulatory monetary valuations of which is not more than 10 percent and withdrawal (redemption) of land plots for public needs, as well as except for changing the purpose (use) of land plots in order to provide them to investors who are participants in production sharing agreements for carrying out the activities under such agreements.

{Paragraph 1 of subclause “b” of clause 15 of section X as amended by Law No. 5406-VI of 02.10.2012}

Purchase and sale or other alienation of land plots and land shares (paiv) specified in subclauses “a” and “b” of this paragraph shall become effective subject to the entry into force of the law on agricultural land circulation, but not earlier than 1 January, 2020 in the procedure defined by this Law.

{Paragraph 2 of subclause “b” of clause 15 of section X as amended by Law No. 107-VI of 28.12.2007 – amendment recognised unconstitutional under Decision of the Constitutional Court No. 10-rp/2008 of 22.05.2008; as revised by Law No. 309-VI of 03.06.2008; as amended by Laws No. 1783-VI of 19.01.2010, No. 4174-VI of 20.12.2011, No. 5494-VI of 20.11.2012}

{Subclause “b” of clause 15 of section X as amended by Law No. 2498-VIII of 10.07.2018}

Agreements (including power-of-attorneys) concluded during the period of prohibition of sale or other alienation of land plots and land shares (paiv), defined by subclauses “a” and “b” of this paragraph, in terms of their purchase and sale and other method of alienation, as well as in terms of transfer of rights to alienate these land plots and land shares (paiv) for the future shall be invalid from the moment of their conclusion (certificate).

{Clause 15 of section X as amended by Laws No. 2059-IV of 06.10.2004, No. 3415-IV of 09.02.2006; as revised by Law No. 490-V of 19.12.2006; as amended by Laws No. 767-VIII of 10.11.2015, No. 1669-VIII of 06.10.2016, No. 2236-VIII of 07.12.2017, No. 2666-VIII of 20.12.2018}

16. Citizens who are owners of land shares (paiv) at their request may be allocated in kind (on the ground) the land plots subject to the state acts on land ownership to be issued.

17. Certificates for the right to a land share (pai), received by citizens, shall be considered as legal documents when they exercise their right to claim the allocation of a land share (pai) in kind (on the ground) under the legislation.

Certificates for the right to land share (pai) shall be valid until the land plots (pai) are allocated in kind (on the ground) to land owners and the state acts on land ownership are issued.

18. For the period up to 1 January 2015, the requirements of part 4 of Article 22 of this Code shall apply only to those owners and users who use agricultural land plots for commodity agricultural production with a total area of more than 100 hectares.

{Section X has been supplemented with clause 18 under Law No. 1443-VI of 04.06.2009}

19. Advance payments paid by purchasers of land plots shall be credited by the authorities carrying out treasury servicing of budget funds to the relevant budget accounts, on which the funds temporarily allocated to the revenues of the respective budgets shall be accounted. The procedure for crediting and using the advance payment funds shall be established by the Cabinet of Ministers of Ukraine.

{Section X has been supplemented with clause 19 under Law No. 2856-VI of 23.12.2010; as amended by Law No. 5462-VI of 16.10.2012}

20. To establish that if before 1 January 2013 the technical documents on land management regarding execution of documents certifying the right to the land plot was developed by the decision of the relevant executive authority or local government on granting or transfer of the land plot into ownership or use, including on lease terms, the formation of land plot as an object of civil rights, except as provided in Article 79-1 of this Code, shall be carried out on the basis of such technical documents.

{Section X has been supplemented with clause 20 under Law No. 418-VIII of 14.05.2015}

21. To establish that from the date of entry into force of the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding the Issue of Land Collective Ownership, Improving the Land Use Rules in Agricultural Land Areas, Preventing Raiding and Stimulating Irrigation in Ukraine” of collective agricultural lands, which are terminated (except for land plots, which on the day of entry into force of the mentioned Law were in private ownership), shall be considered the property of territorial communities within the territory of which they are located. This Law shall constitute the basis for state registration of municipal property rights to land plots formed at the expense of lands transferred to municipal ownership by virtue of this Law.

{Section X has been supplemented with clause 21 under Law No. 2498-VIII of 10.07.2018}

President of Ukraine

L. KUCHMA

City of Kyiv
25 October 2001
No. 2768-III