The moratorium on land sales! WORK??! - News about real estate, Kiev, Kyiv region. Real Estate In Ukraine
The free market in Ukraine is ready 90% of land shares. This was stated by the Chairman of the parliamentary...Why doesn't the moratorium on land sales?The development of the real estate market in the regions, increased demand for land, increasing the price of them, makes an attractive agricultural land, the rights to which the villagers have long received, but freely dispose of, given the moratorium on sale of land can't. Nevertheless lawyers call a few ways to circumvent the ban.The free market in Ukraine is ready 90% of land shares. This was stated by the Chairman of the parliamentary Committee on agrarian policy and land relations of Ukraine Mykola Prysyazhnyuk during a web conference. He also noted that the current composition of the Verkhovna Rada will not adopt the laws "On state land cadastre", "On land market", "On land mortgage Bank" for the lifting of the moratorium on the sale of agricultural land. "Let's hope that the next Parliament will accept them as a priority," he said.Prysiazhniuk.The Chairman of the relevant Committee of the Verkhovna Rada also spoke in favor of a full-scale inventory of lands in Ukraine. In his opinion, this will create a full-fledged land cadastre, and also reasonably predict the development of various agricultural industries. In addition, N. Prysiazhniuk in the case of the lifting of the moratorium urged the owners of the shares not to hurry with their sale. "Rent for the land today is quite high and can serve as a source of income for people living in rural areas", he said. Despite a sufficient number of land plots in Ukraine, market participants largely interested in lands in the district of the capital and other major cities of Ukraine, located in the economically favorable locations, with good transport interchange. In this regard, many of the subjects of the land market "acquire" land in circumvention of the moratorium on sale of agricultural land. Good ways to do this abound. Moreover, many simply are not interested in the lifting of the moratorium, having enough opportunities to buy land to bypass the ban.Despite the existing moratorium on agricultural land are the subject of sale more than one year. Only in the last four years in circumvention of the moratorium by different methods, has sold more than 5 million hectares of shares, according to a press release, the consulting company DLL Top Consulting Ukraine.According to Sergei Titarchuk, head of the legal Department of DLL Top Consulting Ukraine, in Ukrainian legislation there are 5 main ways to bypass the moratorium. In the first case, the owner of the land unit borrows from wants to buy his land, a certain amount of money. Naturally, the owner of the land does not return money. After that, the lender sues the borrower and in compensation last formalizes the right of ownership to the land. This method was fairly common in late 2007 - early 2008. But, in recent years, courts increasingly do not satisfy such claims.The second way is that the owner of the land enters into a rental agreement with the person wanting to buy the land, with the condition of priority purchase of land, after the lifting of the moratorium. After that, the tenant may freely dispose of the land.The third option is to bypass the moratorium is that to obtain agricultural land plot for construction, the owner allocates part of the site, makes the state act on the selected part and modifies the purpose of the machine under construction. After that, the land does not fall under the moratorium. The following scheme is not very common, but works too. The owner of the property the notary draws up the certificate for the person who wishes to receive a parcel in the property, the heir. After that, the local Department of land resources issues a new state act on ownership of land. Finally, in yet another scheme, the moratorium use of article 635 of the Civil code of Ukraine, which envisages the signing of the preliminary contract.