Anti-Raid Bill: Basic Proposals

The first meeting of the working group under the Verkhovna Rada Committee on Agrarian Policy and Land Relations, which is developing the so-called "anti-raider" draft law (the draft Law of Ukraine on the Protection of Property Rights of Owners and Users of Land Plots, Prevention of Unlawful Acquisition and Seizure of Enterprises in the Agrarian Sector of the Economy) was held on September 26.

This is reported by the press service of the All-Ukrainian Agrarian Council.

The purpose of this bill is to streamline the system of state registration.

Thus, among the key proposals taken as a basis for drafting a bill, granting to state registrars of property rights access to all databases of the State Land Cadastre and the register of rights to immovable property and their obligation to register independently the information of all these databases

We need to abandon the system when a person walks around the offices, collects various excerpts, and the registration is carried out on the basis of these pieces of paper, the reliability of which can not be verified. This system is not resistant to forgery. We propose that the state registrar should have direct access to all databases, check whether the person really came to him, has the right to take the appropriate action, whether he is the owner of the site, whether he has been issued a power of attorney by a notary, etc. The registrar should also make an appropriate entry that everything is in order, and on that basis conduct a registration action, the vice chairman of the Supreme Arbitration Court, Mykhailo Sokolovgave examples.

The next position is the establishment of an exact date, to which all information about all land plots for which ownership rights are now registered, will be entered in the SLC.

According to the StateGeoCadastre itself, there are at least 4 million plots for which state acts have been issued, but this information is not entered in the SLC. As there is no information on them in the cadastre, it is impossible to officially register them, for example, by lease agreement. That is, one area can have at least 100 contracts, because they completely drop out of the regulatory field. There must be a specific time frame, to which the StateGeoCadastre will enter all these data so that they are accessible to all and understandable, Sokolov has said.

Another point of the bill is the obligation of registrars to refuse registration action if the site does not have a cadastral number, or it contains an error.

If a person comes to the registrar and tries to register the right of ownership or lease to a site that does not have a cadastral number or contains an error, then such a statement should not be considered, because now this is one of the ways of illegal land acquisition. The person shows some documents, the registration takes place even without the cadastral number, and then these sections are safely superimposed on each other. We propose: until the land plot is included in the cadastral map without overlays and ties, no lease agreements should be registered, Sokolov has said.