of December 11, 2003 No. 1378-IV
About assessment of lands
This Law determines the legal basis of evaluating lands, professional estimative activity in the field of assessment of lands in Ukraine and is directed to regulation of the relations connected with process of assessment of lands, ensuring evaluating lands for the purpose of protection of legitimate interests of the state and other subjects of legal relationship in questions of assessment of lands, information support of the taxation and the market of lands.
In this Law the stated below main terms are used in the following value:
appraisal of quality of soils - comparative quality evaluation of soils on their main natural properties which have permanent nature and significantly influence productivity of the crops which are grown up in specific climatic conditions;
gross income - the cumulative cash receipts expected from realization of the rights to the parcel of land;
the cost of the parcel of land - the equivalent of value of the parcel of land expressed in probable amount of money which the seller can receive;
date of assessment of the parcel of land - date (number, month and year) for which assessment of the parcel of land is carried out and its cost is determined. For normative money value of the parcel of land - the date specified in technical documentation;
the paragraph of the sixth is excluded according to the Law of Ukraine of 28.04.2021 No. 1423-IX
expert money value of the parcels of land - result of cost determination of the parcel of land and the related rights by the appraiser (the expert in assessment of the parcel of land) using set of the approaches, methods and estimative procedures providing collection and data analysis, carrying out calculations and registration of results in report type;
the parcel of land - part of the land surface with the established borders, certain location, with determined concerning its rights;
land improvements - change of quality characteristics of the parcel of land as a result of arrangement in its limits of houses, buildings, constructions, objects of engineering infrastructure, meliorative systems, long-term plantings, forest and other vegetation, and also as a result of economic activity or carrying out certain work type (change of relief, improvement of soils, etc.);
capitalization - cost determination of object of assessment based on net operating or investment income from its use;
evaluation method - method of cost determination of object of assessment which sequence of estimative procedures gives the chance to implement certain methodical approach;
nonprofessional assessment of lands - assessment which is carried out with violation of the qualification requirements determined by this Law;
normative money value of the parcels of land - the capitalized investment income from the parcel of land determined on the established and approved standard rates;
estimative procedures - actions (stages) which accomplishment in certain sequence gives the chance to carry out assessment of the parcel of land;
investment income (land rent) - the income which can be received from the earth as production factor depending on quality and the location of the parcel of land;
the price of the parcel of land - the actual amount of money paid for transition of the rights to the parcel of land or to similar to it the parcel of land from the seller to the buyer;
net operating income - difference between the predicted amount of receipts from use of the parcel of land and operating expenses connected with receipt of gross income.
Legal regulation of assessment of lands is performed according to the Constitution of Ukraine, the Land code of Ukraine, the Law of Ukraine "About assessment of property, property rights and professional estimative activity in Ukraine", this Law, the laws of Ukraine, other regulatory legal acts adopted according to them.
Objects of assessment of lands are: the territory of administrative and territorial units or their parts, the territories of estimative areas and zones, the parcels of land or their parts or set of the parcels of land and rights to them, including to land shares (shares), within the territory of Ukraine.
Assessment of lands is carried out on the basis of the principles:
legality, compliance with laws of Ukraine, other regulatory legal acts in the field of assessment of lands;
unities of methodological and information space in the field of assessment of lands;
continuity of process of assessment of lands;
availability of use this according to lands;
equality before the law of subjects of estimative activities in the field of assessment of lands.
Depending on the purpose and methods of carrying out assessment of lands is divided into such types:
appraisal of quality of soils;
the paragraph third is excluded according to the Law of Ukraine of 28.04.2021 No. 1423-IX
money value of the parcels of land.
These bonitations of soils are component of the state land cadastre and are basis of carrying out economic evaluation of agricultural holdings and are considered in case of determination of ecological suitability of soils for cultivation of crops, and also losses of agricultural and forestry and landscape Production.
No. 1423-IX is excluded according to the Law of Ukraine of 28.04.2021
The money value of the parcels of land depending on appointment and procedure for carrying out can be normative and expert.
The normative money value of the parcels of land is used for determination of the size of the land tax, the state fee in case of exchange, inheritance (except cases of inheritance by heirs of the first and second priority under the law (both cases of inheritance by them under the law, and cases of inheritance by them according to the will) and by the right of representation, and also cases of inheritance of property which cost is assessed on zero rate) and donation of the parcels of land according to the law, the rent for the parcels of land of the state-owned and utility property, losses of agricultural and forestry and landscape production of cost of the parcels of land over 50 hectares for placement of open sports and sports and improving constructions, and also in case of development of indicators and mechanisms of economic incentives of rational use and protection of lands.
The expert money value of the parcels of land and the rights to them is carried out for the purpose of cost determination of object of assessment.
The expert money value of the parcels of land is used when implementing civil transactions concerning the parcels of land and the rights to them, except the cases determined by this Law, and also other laws.
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