of June 3, 2008 No. 309-VI
About modification of some legal acts of Ukraine
The Verkhovna Rada of Ukraine decides:
I. Make changes to the following legal acts of Ukraine:
1. Ceased to be valid.
2. In the Law of Ukraine "About lease of land" (Sheets of the Verkhovna Rada of Ukraine, 2004, N 10, Art. 102 with subsequent changes):
Second and third Article 6 to state 1) to part in the following edition:
"In case of acquisition of right of lease of the parcel of land on competitive bases the basis for the conclusion of the lease agreement are results of auction.
In case of early termination of the land lease agreement at the initiative of the lessor of the parcel of land (except early termination of the lease agreement in connection with failure to carry out by the lessee of the obligations) which right of lease is acquired by results of auction, the lessor refunds to the lessee expenses on its acquisition in the terms determined by terms of the contract and the law and losses which will be suffered by the lessee owing to early termination of the lease agreement if another is not provided by the lease agreement";
To add 2) with Article 8-1 of the following content:
"Article 8-1. Prohibition of alienation by the lessee of the right to lease of the parcel of land of the state-owned and municipal property
The right to lease of the parcel of land of the state-owned and municipal property cannot be sold or is otherwise alienated by his lessee to other persons";
The text of Article 9 to state 3) in the following edition:
"The lessee who according to the law can have the leased parcel of land in property has the privilege to acquisition it in property in case of sale of this parcel of land provided that it pays the price at which it is on sale, and in case of sale at auction - if its offer is equal with the offer which is the greatest of offered by participants of auction.
The lessor shall notify in writing the lessee on intention to sell the parcel of land to the third party.
In case of refusal the lessee from the privilege to acquisition of the leased parcel of land to the new owner of such parcel of land is passed by the rights and obligations of the lessor according to the lease agreement of this parcel of land";
The text of Article 16 to state 4) in the following edition:
"Acquisition of right of lease of the parcels of land which are in the state-owned or municipal property is performed only at auctions (except the parcels of land on which the real estate objects which are in property of citizens and legal entities who have no shares (shares, shares) belonging to the state, acquisition of right to lease of the parcels of land under social facilities, construction of social and affordable housing, use of the parcels of land for development of minerals and special water use according to the got special permissions (licenses), use by the religious organizations are located (under cult buildings) which legalizirovana in Ukraine).
Holding auctions concerning the parcels of land which is not allowed (or the building on which) lease budgetary institutions, the museums, the companies and public organizations in spheres of culture and arts, including the national creative unions and their members (under creative workshops)";
The fourth and fifth Article 21 to state 5) to part in the following edition:
"The annual rent for the parcels of land which are in the state-owned or municipal property arrives in the relevant budgets, is distributed and used according to the law and cannot be less:
for lands of agricultural purpose - the size of the land tax which is established by the Law of Ukraine "About payment for the earth";
for other categories of lands - the triple size of the land tax which is established by the Law of Ukraine "About payment for the earth".
The annual rent for the parcels of land which are in the state-owned or municipal property cannot exceed 12 percent of their normative money value. At the same time in case of determination of the lessee on competitive bases the bigger amount of the rent, than specified in this part can be established".
3. Ceased to be valid.
4. Part the second article 2 of the Law of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages and tobacco products" (Sheets of the Verkhovna Rada of Ukraine, 1995, N 46, Art. 345; 2002, N 26, Art. 175; 2008, 78) to state NN 5-8, of the Art. in the following edition:
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