Land relations in martial law

The Verkhovna Rada adopted the Law on Amendments to Certain Legislative Acts of Ukraine Concerning the Peculiarities of Regulating Land Relations in the Conditions of Martial Law (Reg. №7289 ). This was reported by Official web portal of the Parliament of Ukraine .

The law in the conditions of temporary suspension of the State Register of Real Property Rights and the State Land Cadastre gives territorial communities of villages, settlements, cities the opportunity to lease land plots that become communal property of territorial communities, without state registration of communal property rights land plots.

The law provides for the maximum operational provision of land plots of state and communal property for lease to accommodate the production capacity of enterprises that have been relocated (evacuated) from the combat zone, without conducting land auctions with strict restrictions on lease conditions. At the same time, enterprises that will be provided with plots in case of relocation (evacuation) of production facilities from the combat zone will be determined by a joint decision of the regional military administration from which relocated (evacuated) production facilities and the regional military administration ).

According to the Law, the provision of permanent land use of communal property for the placement of facilities for temporary stay of internally displaced persons will be carried out by the executive bodies of village, settlement, city councils.

The law stipulates that the establishment and change of purpose of land plots, the provision of state and communal land plots for lease to accommodate production facilities of enterprises relocated (evacuated) from the combat zone, construction of river ports (terminals) will be carried out without documentation on land management, without associated costs and approved urban planning documentation on the basis of a reasoned opinion of the authorized body of urban planning and architecture of the village settlement, city council. It is prohibited to use for such purposes protected areas, lands of nature reserves and other nature conservation purposes, historical and cultural purposes, to violate restrictions on land use (including in the field of construction).

During the period when the functioning of the State Land Cadastre is suspended, special rules for registration of establishment and change of purpose of land plots by district military administrations in the Book of registration of land tenure and land use in martial law are established.

In case of impossibility to provide extracts from technical documentation on normative monetary valuation of a separate land plot, the Ministry of Agrarian Policy and Food of Ukraine is authorized to approve average indicators of normative monetary valuation of land per unit area, which can be used in cases of mandatory normative monetary valuation of land. provided by Article 13 of the Law of Ukraine “On Land Valuation”.

The Ministry of Agrarian Policy and Food of Ukraine has the right to suspend and resume the State Land Cadastre for security reasons, impose restrictions on the powers of state cadastral registrars and other features of maintaining the State Land Cadastre in wartime.

For prompt solution of tasks of operation and maintenance in proper condition of technical infrastructure facilities in wartime minds of gas transmission system operator, gas distribution system operator, distribution system operator, transmission system operator, centralized water supply and sewerage enterprises, heat generating, heat transport organization , electronic communications operators are granted the right of unimpeded and free access to land plots of all forms of ownership on which the facilities of such operators, enterprises, organizations are located, as well as within their protection (special) zones. The conditions for carrying out capital and other planned works, as well as the elimination of the accident or the threat of its occurrence (emergency situations) are greatly simplified.

The law creates legal preconditions for providing citizens and business entities in the conditions of