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LAW OF UKRAINE

of November 27, 2003 No. 1345-IV

About use of lands of defense

(as amended on 14-11-2019)

This Law determines the legal basis and procedure for use of lands for defense.

Article 1. Earth of defense

Lands defenses are recognized the lands provided for placement and permanent activities of military units, organizations, military-training organizations, companies and organizations of the Armed Forces of Ukraine, other military forming formed according to the laws of Ukraine (further - military units).

Article 2. Legal regime of lands of defense

The parcels of land are provided to military units for accomplishment of the functions and tasks assigned to them in permanent use according to requirements of the Land code of Ukraine.

Features of provision of the parcels of land to military units under military and other defense facilities are determined by the Cabinet of Ministers of Ukraine.

The sizes of the parcels of land necessary for placement of military units and carrying out permanent activities by them, are determined according to requirements based on project technical documentation approved in accordance with the established procedure.

Military units shall use the parcels of land provided to them according to requirements of the land and nature protection legislation and with observance population safety requirement in the course of carrying out permanent activities by them.

When passing on lands defenses of power lines and communication and other communications of condition of their use are determined by the contract between military unit and the relevant company, organization and the organization.

Owners or users of the parcels of land adjacent to the parcels of land provided to military units can require establishment of land easements according to the law.

Article 3. Zones of specific mode of use of lands

Along frontier of Ukraine according to the law the borderland within which the specific mode of use of lands is effective is established.

Lands within borderland and other lands necessary for arrangement and content of technical constructions and barriers, border markers, boundary glades, communications and other objects, are provided in permanent use to military units of the State Border Service of Ukraine.

Around military units and defense objects zones with specific mode of use of lands for the purpose of ensuring functioning of these military units and objects, storage of arms, military equipment, other military property, protection of frontier of Ukraine, protection of the population, economic objects and the environment from impact of emergencies, natural disasters and the fires which can arise on these objects can be created.

The size and legal regime of zones with specific mode of use of lands are established according to the law.

Article 4. Use of lands of defense in the economic purposes

Military units in coordination with local government bodies or local executive bodies and according to the procedure, determined by the Cabinet of Ministers of Ukraine, can permit physical persons and legal entities to grow up crops, to graze the cattle and to make hay on the lands provided to them in permanent use.

The earth of defense can be used for construction of facilities of welfare appointment, housing for the military personnel and members of their families, and also social and affordable housing without change of their purpose.

The earth of defense, intended for placement and permanent activities of military units, organizations, military schools, companies and organizations of the Armed Forces of Ukraine, can be used for the investment of funds of communication, navigation and observation (radio engineering providing) belonging to divisions of the joint civil and military system of air traffic management of Ukraine, under approval of conditions of placement and operation of the specified objects of the Ministry of Defence of Ukraine.

Alienation of the parcels of land on which the objects of real military estate which are subject to realization are located and the parcels of land which are released in the course of reforming of the Armed Forces of Ukraine, the Public special service of transport is performed according to the procedure, established by the Cabinet of Ministers of Ukraine and according to this law.

Alienation of the parcels of land on which the objects of real military estate which are subject to realization and the parcels of land which are released in the course of reforming of the Armed Forces of Ukraine, the Public special service of transport, to foreign states, foreign legal entities and foreigners are located is forbidden.

Article 5. Protection of the surrounding environment and ecological safety on lands of defense

Placement, design, construction, reconstruction, commissioning, operation, preservation and liquidation of buildings, constructions and other defense objects which can make the direct or mediated negative impact on land resources are performed according to the procedure, determined by the law.

On lands of defense nature protection and other restrictions on use of lands according to the law are set.

Article 6. Responsibility for violation of the legislation on use of lands of defense

Persons guilty of violation of the law about use of lands of defense, bear responsibility according to the law.

Article 7. Final provisions

1. This Law becomes effective from the date of its publication.

2. To the Cabinet of Ministers of Ukraine in six-months time from the date of entry into force of this Law:

approve procedure for provision of the parcels of land to military units under military and other defense facilities;

prepare and submit offers on introduction of amendments to the laws of Ukraine for consideration of the Verkhovna Rada of Ukraine, following from this Law;

bring the regulatory legal acts into accord with this Law.

 

President of Ukraine

L. KUCHMA

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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