The chairman of the USBA, Iryna Palamar, supports entrepreneurs in protecting their rights to land

Опубликовано bashun - 09-11-2017 - 12:29

On November 7, 2017 the chairman of the Ukrainian Stock Breeders Association Iryna Palamar took part in the meeting of the Verkhovna Rada Committee on Agrarian Policy and Land Relations.

On November 7, 2017 the chairman of the Ukrainian Stock Breeders Association Iryna Palamar took part in the meeting of the Verkhovna Rada Committee on Agrarian Policy and Land Relations.

 In particular, the draft law on the amendment of Article 99 of the Land Code of Ukraine regarding the clarification of the types of land servitude rights, reg. No. 5606 of December 26, 2016, which was supported by the agrarian committee, taking into account the comments of the State Geodetic Academy of Ukraine.

The Ukrainian Stock Breeders Association supports the adoption of this bill on the exclusion of land servitude from the Article 99 of the Land Code of Ukraine of the right to place temporary structures (small architectural forms).

However, for other reasons, than it was justified by its authors, noted discrepancies of small architectural forms to the legal nature of the land easement.

The Association believes that the introduction of appropriate changes to the Land Code will create additional legal guarantees for the protection of the rights of persons who are owners of legally established temporary buildings and small architectural forms for the performance of business activities.

Everyone knows how many problematic situations arise with the illegal demolition of temporary structures and small architectural forms and cases where the basis for demolition was the transfer of land under such facilities to others. This is often due to the legal insecurity of entrepreneurs in their rights to a land plot under temporary construction or a small architectural form.

Therefore, the exception among the types of land servitude - the right to place temporary structures (small architectural forms) - will oblige persons aiming to establish a temporary structure or a small architectural form to participate in land auctions in accordance with Article 134 of the Land Code of Ukraine, which means obtaining legal property rights to the relevant land plot or use it for a certain period of time.

Reference: According to Article 98 of the Land Code of Ukraine, the right of land easement is the right of the owner or land user of a land plot for limited paid or free use of another's land plot (plots).
 

Also on the agenda, in addition to the above-mentioned bill, 6 more bills were considered, namely:

  • Draft Law of Ukraine "On the Recognition of Certain Acts of the Ukrainian SSR in the Sphere of Land Relations that Have Expired", filed by the Cabinet of Ministers of Ukraine (register No. 6535 of 01.06.2017);
  • Draft Law of Ukraine "On Ukraine's accession to the Regional Convention on Pan-Euro-Mediterranean Preferential Rules of Origin", introduced by the President of Ukraine; (Reg. No. 0167 of 12/10/2017);
  • Draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine to Improve the Investment Climate in Ukraine", submitted by the Cabinet of Ministers of Ukraine (register No. 6540 of 06.06.2017);
  • Draft Law of Ukraine "On Amendments to the Law of Ukraine" On the Regulation of Urban Development Activities ", submitted by People's Deputies of Ukraine Andriievskyi D.I., Skuratovskyi S.I., Stashuk V.F., and others (register No. 6403 of April 21, 2017);
  • Draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on the Development of the Production of Terroir Wines and Natural Honey Drinks", submitted by the People's Deputies of Ukraine Vadaturskyi A.O., Horvat R.I., Markevych Ia.V., and others (register No. 6693 as of July 12, 2017);
  • Draft Law of Ukraine "On Amendments to the Tax Code of Ukraine on Restoring the Competitiveness of Shipping in Ukraine", submitted by People's Deputies of Ukraine Vadaturskyi A.O., Kirsh O.V., Petrenko O.M., and others (register No. 6735 dated July 17, 2017).

All the aforementioned bills were supported by the agrarian committee, with the exception of the draft Law of Ukraine "On Amendments to the Tax Code of Ukraine on Restoring the Competitiveness of Navigation of Ukraine (Register No. 6735 of July 17, 2017), whose reconsideration was postponed to the next meeting.
 

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