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LAW OF UKRAINE

of June 5, 2003 No. 899-IV

About procedure for apportionment in nature (on the area) the parcels of land to owners of land shares (shares)

(as amended on 05-02-2021)

This Law determines the organizational and legal basis of apportionment to owners of land shares (shares) of the parcels of land in nature (on the area) from the lands belonging to collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies on the ownership in common right and also procedure for exchange of these parcels of land, features of the order lands and uses of lands which remained in ownership in common after distribution of the parcels of land between owners of land shares (shares).

Article 1. Persons having the right to land share (share)

The right to land share (share) is had:

the former members of the collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies including created based on sovkhozes and other state agricultural enterprises and also the pensioners from their number who received certificates on the right to land share (share) in the procedure established by the legislation;

citizens are heirs of the right to land share (share) certified by the certificate;

citizens and legal entities of Ukraine who according to the legislation of Ukraine acquired the right to land share (share);

the citizens of Ukraine evacuated from exclusion zone, who are settled out from zone unconditional (obligatory) or zones of the guaranteed voluntary settling out and also

citizens of Ukraine who independently moved from the territories which underwent to radioactive pollution and who at the time of evacuation, settling out or independent resettlement were members of collective or other agricultural enterprises, and also the pensioners from their number living in the rural zone.

Are allocated to the citizens specified in paragraph five of part one of this Article, the parcels of land in nature (for areas) from lands of inventory or reserve fund in the amount of land share (share) of the member of the agricultural enterprise located in the territory of the relevant council. In case of absence in the territory of the relevant council of necessary acreage of inventory or reserve fund the parcel of land from their consent can be allocated in nature (for areas) the smaller size or at the expense of lands of inventory or the reserve fund located in the territory of other council within area.

The right of person to land share (share) can be established judicially.

Article 2. The documents certifying the right to land share (share)

The main document certifying the right to land share (share) is the certificate on the right to land share (share) issued by district (city) public administration.

The documents certifying the right to land share (share) also are:

certificate on the right to inheritance;

the purchase and sale agreements certified in the procedure established by the law, donations, exchanges to which the certificate on the right to land share (share) is attached;

the judgment about recognition of the right to land share (share).

The document certifying the right to land share (share) of the citizens of Ukraine specified in paragraph five of part one of article 1 of this Law is the service record of the member of collective or other agricultural enterprise (in the presence) or the notarized statement from it (in the presence) or data on labor activity from the register of insured persons of the State register of obligatory national social insurance.

Article 3. The bases for apportionment of the parcels of land in nature (on the area) to owners of land shares (shares)

The bases for apportionment of the parcels of land in nature (on the area) to owners of land shares (shares) is the decision of the relevant village, settlement, city council.

Persons, owners of certificates on the right to land share (share) who showed willingness to receive the land share (share) in nature belonging to them (on the area) submit to the relevant village, settlement, city council the statement for allocation of land share (share) in nature by it (on the area).

The land share (share) is allocated it to the owner in nature (for areas), as a rule, with one parcel of land. At the request of the owner of land share (share) two parcels of land with different structure of agricultural holdings (arable land, long-term plantings, haymakings or pastures) can be allocated to him in nature (for areas).

In case of filing of applications (on the area) most of owners of land shares (shares) within one agricultural enterprise the relevant village, settlement, city council makes the decision on project development of land management on the organization of the territory of land shares (shares) on apportionment of land shares (shares) in nature.

Article 4. Features of apportionment in nature (on the area) the parcels of land the single massif in common property to owners of land shares (shares)

To persons having the right to apportionment it in nature (on areas) two or more land shares (shares) from the lands which are in use of one agricultural enterprise, the parcels of land are at will allocated with the single massif.

To citizens (spouses) and other persons who submitted to the relevant village, settlement, city council or district public administration the general statement or the petition signed by each of them for allocation in nature (on the area) of the land shares (shares) belonging to them the single massif, allocates one parcel of land in common property.

Article 5. Powers of village, settlement, city councils on apportionment in nature (on the area) the parcels of land to owners of land shares (shares)

Village, settlement, city councils within their powers on apportionment of land shares (shares) in nature (on the area):

consider applications of owners of land shares (shares) for apportionment it in nature (on the area) the parcels of land;

make the decision on apportionment of land shares (shares) in nature (on the area);

specify lists of persons having the right to land share (share);

specify the location, borders and the areas of the agricultural holdings which are subject to distribution between owners of land shares (shares);

sign with the land management organizations contracts on performance of works on land management on apportionment of land shares (shares) in nature (on the area) and production of the corresponding documentation on land management if such works are performed at the expense of the local budget;

assist in the conclusion of contracts for accomplishment by the land management organizations of works on land management on apportionment of land shares (shares) in nature (on the area) if such works are performed at the expense of persons having the right to land share (share) or at the expense of means of the companies, organizations and the organizations leasing land shares (shares), projects of technical assistance, etc.;

provide to the land management organizations amended lists of persons having the right to land share (share);

consider and will approve projects of land management on the organization of the territory of land shares (shares);

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