Unofficial transfer (c) Soyuzpravoinform LLC
of February 24, 2023 No. 2952-IX
About modification of some legal acts of Ukraine concerning protection of frontier of Ukraine
The Verkhovna Rada of Ukraine decides:
I. Make changes to the following legal acts of Ukraine:
1. In the Land code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2002, Art. No. 3-4, 27):
Part the second Article 46-1 to add 1) with the words "except the cases provided by the law";
Chapter 7 to add 2) with Article 46-2 of the following content:
"Article 46-2. The earth of natural and reserved fund along the line of frontier of Ukraine
The earth of the territories and objects of natural and reserved fund along the line of frontier of Ukraine in the sizes provided by this Code in the procedure established by the law are removed from structure of natural and reserved fund and are transferred to military units of the State Border Service of Ukraine for implementation of construction, arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications";
Part the second Article 55 to add 3) with the Item "g" of the following content:
"d) forest plantings within the parcels of land 30-50 meters wide along the line of frontier of Ukraine on the land, on the coast of the Ukrainian part of the boundary river, the lake or other reservoir transferred to permanent use to military units of the State Border Service of Ukraine for construction, arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications";
Paragraph two of part three of Article 77 to add 4) with the words "and along the line of frontier of Ukraine with the Russian Federation and the Republic Belarus width to 2 kilometers";
Article 99 to add 5) with the Item "-2" of the following content:
"right to construction, arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications";
6) in the Section X "Transitional provisions":
in the paragraph the fifteenth Item 24 of figure "2023" to replace with figures "2025";
add with Item 27-1 of the following content:
"27-1. Determine what during action of warlike situation in Ukraine or its certain areas and within one year from the date of its termination or cancellation of regulation of land relations for the purposes of ensuring national security and defense of Ukraine is performed taking into account the following features:
1) withdrawal, establishment and change of purpose of the parcels of land of the state-owned and utility property for needs of arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications are performed without observance of requirements of paragraphs of the fourth and fifth of part seven of Article 20, of part two of article 149 of this Code;
2) the termination of the right of permanent use of the parcels of land of natural and reserved and other nature protection appointment, historical and cultural appointment for needs of arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications is performed without observance of requirements of part two of article 150 of this Code;
3) in case of withdrawal of agricultural holdings, forest lands and bushes on the parcels of land 30-50 meters wide along the line of frontier of Ukraine for needs of arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications indemnification is not performed.
To military units of the State Border Service of Ukraine for construction, arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications executive bodies, local government bodies according to the powers determined by Article 122 of this Code provide in permanent use the parcels of land of the state-owned and utility property along the line of frontier of Ukraine on the land, on the coast of the Ukrainian part of the boundary river, the lake or other reservoir according to the procedure, stipulated in Clause 123 of this Code, taking into account requirements of this Item.
Withdrawal, change of purpose, provision (transfer) to property or use to citizens or legal entities of the parcels of land transferred (provided) to permanent use to military units of the State Border Service of Ukraine for construction, arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications is forbidden, except cases of their reference to lands of natural and reserved fund and other nature protection appointment, forestry and landscape appointment, alienation for social needs or based on social necessity".
2. Part the second Article 4 of the Forest code of Ukraine (2006, No. 21, the Art. 170) to add sheets of the Verkhovna Rada of Ukraine with the paragraph the fifth the following content:
"forest plantings within the parcels of land 30-50 meters wide along the line of frontier of Ukraine on the land, on the coast of the Ukrainian part of the boundary river, the lake or other reservoir transferred to permanent use to military units of the State Border Service of Ukraine for construction, arrangement and content of technical and fortification constructions, barriers, border markers, boundary glades, communications".
3. In the Code of administrative legal proceedings of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):
3 parts five of Article 46 of the word "exclusion out of limits of the territory of Ukraine" to exclude 1) in Item;
Item 9 parts two of Article 245 to exclude 2);
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