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LAW OF UKRAINE

of November 17, 2009 No. 1559-VI

About alienation of the parcels of land, other real estate units placed on them which are in private property for public requirements or based on social necessity

(as amended on 28-04-2021)

This Law determines legal, organizational and financial basis of regulation of the public relations arising in the course of alienation of the parcels of land, other real estate units placed on them which are in property of physical persons or legal entities for public requirements or based on social necessity.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the terms below are used in the following value:

the redemption of the parcels of land, other real estate units for public requirements - transfer of the parcels of land, other real estate units placed on them which are in property of physical persons or legal entities, from their consent in the state-owned or municipal property for satisfaction of public requirements by the conclusion of the purchase and sale agreement or other transaction according to the procedure, established by the law;

buyback price - the cost of the parcel of land (its part), the apartment house placed on it, other buildings, constructions, long-term plantings taking into account the losses caused to the owner owing to the redemption of the parcel of land, including losses which will be caused to the owner in connection with early termination of its obligations to the third parties, in particular lost profit;

alienation of the parcels of land, other real estate units placed on them for public requirements or based on social necessity - transition of the property right to the parcels of land, other real estate units placed on them which are in property of physical persons or legal entities, for a fee in the state-owned or municipal property by their redemption or compulsory acquisition for needs of the state, territorial bulk, society in general:

compulsory acquisition of the parcels of land, other real estate units placed on them based on social necessity - transition of the property right to the parcels of land, other real estate units placed on them which are in property of physical persons or legal entities to the state or territorial bulk based on social necessity by a court decision;

social necessity - the exclusive need caused by state interests or interests of territorial bulk for which ensuring compulsory acquisition of the parcel of land, other real estate units placed on it, in the procedure established by the law is allowed;

public requirement - the need for the parcels of land caused by state interests or interests of territorial bulk, including on what real estate units which redemption is performed according to the procedure are placed, established by the law.

Article 2. Coverage of this Law

1. Operation of this Law extends to the public relations connected with the redemption of the parcels of land, other real estate units placed on them which are in property of physical persons or legal entities, for ensuring public requirements or connected with compulsory acquisition of the specified real estate units based on social necessity if such requirements cannot be provided by use of lands of the state-owned or municipal property.

2. Operation of this Law does not extend to the public relations arising in case:

addresses of collection on the parcel of land, other real estate units placed on it;

withdrawal (redemption) of the parcels of land, other real estate units placed on them which are in the state-owned and/or municipal property;

compensations of losses of agricultural and forestry and landscape production in case of the redemption of the parcels of land for public requirements;

the conclusions of other civil agreements on other bases, than are determined by article 7 of this Law;

compulsory acquisition of the parcels of land in the conditions of warlike or emergency state (requisition);

confiscations of the parcels of land, other real estate units placed on them;

the redemption of historical and cultural monuments to which damage or destruction owing to actions or failure to act of their owner threatens;

the terminations of the property right of person to property which cannot belong to it.

Article 3. Object of alienation

1. Object of alienation is the parcel of land (its part), the apartment houses placed on it, other buildings, constructions, long-term plantings which are in property of physical persons or legal entities.

2. If the owner of the alienable parcel of land (its part) is also owner of the apartment house, other buildings placed on it, constructions, long-term plantings, the requirement about alienation of the parcel of land is considered together with the requirement about the termination of the property right to the specified objects.

3. If the redeemed parcel of land and the placed on it the apartment house, other buildings, constructions or long-term plantings are in property of several persons, the issue of the redemption is resolved with each owner separately.

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