LAND CODE OF UKRAINE

of October 25, 2001 No. 2768-III

Section I. General part

Chapter 1. Basic provisions

Article 1. The earth - the main national wealth

1. The earth is the main national wealth which is under special protection of the state.

2. The property right to the earth is guaranteed.

3. Use of land ownership cannot do harm to the rights and freedoms of citizens, interests of society, to worsen ecological situation and natural qualities of the earth.

Article 2. Land relations

1. Land relations are public relations on ownership, use and the order of the earth.

2. Subjects of land relations are citizens, legal entities, local government bodies and public authorities.

3. Objects of land relations are lands within the territory of Ukraine, the parcels of land and the rights to them, including to land shares (shares).

Article 3. Regulation of land relations

1. Land relations are governed by the Constitution of Ukraine, this Code, and also regulatory legal acts adopted according to them.

2. The land relations arising when using subsoil, the woods, waters, and also plant and animal life, atmospheric air are regulated by this Code, regulatory legal acts about subsoil, the woods, waters, plant and animal life, atmospheric air if they do not contradict this Code.

3. The land relations arising by provision and use of the parcels of land for placement of objects of power, establishment and observance of legal regime of lands of special zones of objects of power including based on agreements on establishment of land easements on such parcels of land, are regulated by this Code, the Law of Ukraine "About lands of power and legal regime of special zones of energy objects".

Article 4. Land legislation and its task

1. The land legislation includes this Code, other regulatory legal acts in the field of land relations.

2. Task of the land legislation is regulation of land relations for the purpose of ensuring land right of citizens, legal entities, territorial bulks and the state, rational use and protection of lands.

Article 5. Principles of the land legislation

The land legislation is based on the following principles:

a) combinations of features of use of the earth as territorial basis, natural resource and fixed asset of production;

b) ensuring equality of the property right to the earth of citizens, legal entities, territorial bulks and state;

c) non-interference of the state to implementation by citizens, legal entities and territorial bulks of the rights on ownership, use and the order of the earth, except the cases provided by the law;

d) ensuring rational use and protection of lands;

ґ) providing guarantees of land rights;

e) priority of requirements of ecological safety.

Chapter 2. Powers of the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea and local government bodies in the field of land relations

Article 6. Powers of the Verkhovna Rada of Ukraine in the field of land relations

In the field of land relations treats powers of the Verkhovna Rada of Ukraine:

a) adoption of the laws in the field of regulation of land relations;

b) determination of the principles of state policy in the field of use and protection of lands;

c) approval of nation-wide programs for use and protection of lands;

d) establishment and change of borders of areas and cities;

ґ) coordination of the questions connected with the termination of the right of permanent use of especially valuable lands according to this Code;

e) the solution of other questions in the field of land relations according to the Constitution of Ukraine.

Article 7. Powers of the Verkhovna Rada of the Autonomous Republic of Crimea in the field of land relations

In the field of land relations in the territory of the republic treats powers of the Verkhovna Rada of the Autonomous Republic of Crimea:

a) the order the lands which are in common property of territorial bulks;

b) ensuring realization of state policy in the field of use and protection of lands;

c) coordination of nation-wide programs of use and protection of lands, participation in their realization within the territory of the Autonomous Republic of Crimea;

d) approval and participation in implementation of republican programs of use of lands, increases in fertility of soils, protection of lands;

ґ) it is excluded

e) coordination of activities district and city (the cities of republican value) councils in the field of land relations;

e) coordination of activities of local authorities of land resources;

є) coordination of control of use and protection of lands;

g) it is excluded;

h) No. 3285-IX is excluded according to the Law of Ukraine of 28.07.2023

i) the solution of other questions in the field of land relations according to the law.

Article 8. Powers of regional councils in the field of land relations

In the field of land relations treats powers of regional councils:

a) the order the lands which are in common property of territorial bulks of villages, settlements, cities of area;

b) the Item) Article 8 is excluded

c) ensuring realization of state policy in the field of use and protection of lands;

d) coordination of nation-wide programs of use and protection of lands, participation in their realization in the corresponding territory;

ґ) approval and participation in implementation of regional programs of use of lands, increases in fertility of soils, protection of lands;

e) coordination of activities of local authorities of land resources;

e) organization of land management;

є) it is excluded;

g) Ceased to be valid according to the Law of Ukraine of 28.07.2023 No. 3285-IX

h) permission of land disputes;

i) the solution of other questions in the field of land relations according to the law.

Article 9. Powers of the Kiev and Sevastopol city councils in the field of land relations

In the field of land relations treats powers of the Kiev and Sevastopol city councils:

a) order lands of territorial bulk of the city;

b) transfer of the parcels of land of municipal property to property of citizens and legal entities according to this Code;

c) provision of the parcels of land in use from lands of municipal property according to this Code;

d) seizure of land of municipal property, permanent use according to the procedure, provided by this Code;

ґ) the redemption of the parcels of land of private property for social needs of the city;

e) the right to use termination by the parcels of land of municipal property in the cases provided by this Code;

e) decision making about release of self-willedally busy parcels of land;

є) preparation of the conclusions about withdrawal (redemption) and provision of the parcels of land from lands of state-owned property which are made by executive bodies;

g) establishment and change of borders of villages, settlements, areas in the cities;

h) organization of land management;

i) No. 1423-IX is excluded according to the Law of Ukraine of 28.04.2021

і) No. 1423-IX Is excluded according to the Law of Ukraine of 28.04.2021

ї) restriction, temporary prohibition (suspension) or the termination of use of the parcel of land by citizens and legal entities in case of violation of requirements of the land legislation by them;

й) informing population on provision, withdrawal (redemption) of the parcels of land;

j) it is excluded;

k) permission of land disputes;

l) the solution of other questions in the field of land relations according to the law.

Treats powers of executive bodies of the Kiev and Sevastopol city councils:

a) provision of data from the State land cadastre according to the law;

b) implementation of the state control of use and protection of lands in the limits and procedure established by the law;

c) implementation of other powers in the field of land relations according to the law

Article 10. Powers of regional councils in the field of land relations

In the field of land relations treats powers of regional councils:

a) the order lands on the right of joint property of territorial communities of villages, settlements, cities of the area;

b) the Item) Article 10 is excluded

c) No. 1423-IX is excluded according to the Law of Ukraine of 28.04.2021;

d) ensuring realization of state policy in the field of protection and use of lands;

ґ) organization of land management and approval of land management projects;

e) it is excluded;

e) No. 1423-IX is excluded according to the Law of Ukraine of 28.04.2021;

е - 1) No. 3285-IX Is excluded according to the Law of Ukraine of 28.07.2023

є) the solution of other questions in the field of land relations according to the law.

Article 11. Powers of district councils in the cities in the field of land relations

Powers of district councils in the cities in the field of land relations are determined by city councils.

Article 12. Powers of village, settlement, city councils and their executive bodies in the field of land relations

In the field of land relations treats powers of village, settlement, city councils:

a) order lands of municipal property of territorial bulks;

b) transfer of the parcels of land of municipal property to property of citizens and legal entities according to this Code;

c) provision of the parcels of land in use from lands of municipal property according to this Code;

d) seizure of land of municipal property, permanent use according to this Code;

ґ) the redemption of the parcels of land of private property for social needs of the corresponding territorial bulks of villages, settlements, the cities;

e) organization of land management;

e) No. 1423-IX is excluded according to the Law of Ukraine of 28.04.2021

є) No. 1423-IX Is excluded according to the Law of Ukraine of 28.04.2021

g) restriction, temporary prohibition (suspension) of use of lands by citizens and legal entities in case of violation of requirements of the land legislation by them;

h) preparation of the conclusions about withdrawal (redemption) and provision of the parcels of land according to this Code;

i) establishment and change of borders of areas in the cities with district division;

і) informing population on withdrawal (redemption), provision of the parcels of land;

ї) entering of offers into regional council on establishment and change of borders of villages, settlements, cities;

й) establishment and change of borders of villages, settlements;

y-1) entering into the Cabinet of Ministers of Ukraine of offers on establishment and change of borders of villages, settlements, cities in the cases provided by the law;

j) the solution of other questions in the field of land relations according to the law.

In the field of land relations treats powers of executive bodies of village, settlement, city councils:

a) provision of data from the State land cadastre according to the law;

b) implementation of the state control of use and protection of lands in the limits and procedure established by the law;

c) implementation of other powers in the field of land relations according to the law

Chapter 3. Powers of executive bodies in the field of land relations

Article 13. Powers of the Cabinet of Ministers of Ukraine in the field of land relations

In the field of land relations treats powers of the Cabinet of Ministers of Ukraine:

a) the order lands of state-owned property in the limits determined by this Code;

b) realization of state policy in the field of use and protection of lands;

c) the redemption of the parcels of land for social needs according to the procedure, determined by the law;

d) coordination of holding land reform;

ґ) development and ensuring accomplishment of nation-wide programs of use and protection of lands;

e) organization of maintaining the state land cadastre, state control of use and protection of lands and land management implementation;

e) establishment of procedure for carrying out monitoring of lands;

e-1) entering into the Verkhovna Rada of Ukraine of offers on establishment and change of borders of areas, cities;

e-2) establishment and change of borders of villages, settlements in the cases provided by this Code;

є) the solution of other questions in the field of land relations according to the law.

Article 14. Treats powers of the central executive body providing forming of state policy in the sphere of protection of the surrounding environment in the field of land relations:

a) participation in development of nation-wide and regional programs of use and protection of lands;

b) participation in forming of state policy in the field of protection and rational use of lands;

c) organization of monitoring of lands;

d) the solution of other questions in the field of land relations according to the law.

Article 14-1. Powers of the central executive body realizing state policy in the sphere of protection of the surrounding environment in the field of land relations

Treats powers of the central executive body realizing state policy in the sphere of protection of the surrounding environment in the field of land relations:

a) participation in implementation of nation-wide and regional programs of use and protection of lands;

b) participation in project development of regulatory legal acts in the field of protection of lands and reconstruction of fertility of soils;

c) implementation of the state environmental assessment of land use;

d) introduction of offers concerning forming of state policy in the field of protection and rational use of lands;

ґ) implementation of international cooperation concerning protection of lands;

e) the solution of other questions in the field of land relations according to the law.

Article 14-2. Powers of the central executive body realizing state policy on implementation of the state supervision (control) in the sphere of protection of the surrounding environment, rational use, reconstruction and protection of natural resources in the field of land relations

Implementation of the state control of observance by executive bodies and local government bodies, the companies, organizations, the organizations of all patterns of ownership, citizens of Ukraine, foreigners and stateless persons, and also the legal entity created and registered according to the legislation of foreign state of requirements of the legislation on use and protection of lands relatively belongs to competence of the central executive body realizing state policy on implementation of the state supervision (control) in the sphere of protection of the surrounding environment, rational use, reconstruction and protection of natural resources in the field of land relations:

conservations of the degraded and unproductive lands;

preserving wetlands;

accomplishment of ecological requirements by provision in property and use, including in lease, the parcels of land;

implementation of actions for prevention of pollution of lands chemical and radioactive materials, waste, sewage;

observance of the mode of use of lands of natural and reserved and other nature protection appointment;

observance of ecological standard rates concerning use and protection of lands;

observance of legal regime of use of the territories of the water protection zones, coastal protective strips and beach areas;

the solution of other questions determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine.

Article 15. Powers of the central executive body providing forming of state policy in the sphere of land relations

Treat powers of the central executive body providing forming of state policy in the sphere of land relations:

a) implementation of normative legal support in the sphere of land relations;

b) ensuring holding land reform;

c) development and ensuring implementation of nation-wide, regional programs of use and protection of lands;

d) No. 1423-IX is excluded according to the Law of Ukraine of 28.04.2021

ґ) ensuring maintaining and administration of the State land cadastre, protection of lands;

e) development of the economic mechanism of regulation of land relations;

e) participation in development of actions for market development of lands;

є) international cooperation in the field of land relations;

g) implementation of other powers determined by the laws of Ukraine;

Article 15-1. Powers of the central executive body realizing state policy in the sphere of land relations

Treats powers of the central executive body realizing state policy in the sphere of land relations:

a) introduction in accordance with the established procedure offers concerning the order lands of the state-owned and municipal property, establishment of borders of area, the area, the city, the area in the city, the village and the settlement, regulation of land relations;

b) participation in development and accomplishment of the state, industry, regional and local programs concerning regulation of land relations, rational use of lands, their reconstruction and protection, establishment of borders of area, the area, the city, the area in the city, the village and the settlement in carrying out monitoring of lands, territorial planning;

c) the organization of work, connected with realization of land reform;

d) carrying out according to the legislation of monitoring of lands and protection of lands;

ґ) maintaining and administration of the State land cadastre;

e) participation in state regulation of planning of the territories;

e) the organization and implementation of the state control of use and protection of lands according to the procedure, established by the law;

є) implementation of actions for enhancement of procedure for accounting and preparation of the reporting under regulation of land relations, use and protection of lands, forming of econetwork;

є - 1) the order lands of state-owned property in the limits determined by this Code;

є - 2) participation in forming and realization of state policy in the sphere of national infrastructure of geospatial data.

g) the solution of other questions determined by the laws of Ukraine.

Article 15-2.

No. 1423-IX is excluded according to the Law of Ukraine of 28.04.2021

Article 16. Powers of Council of Ministers of the Autonomous Republic of Crimea in the field of land relations

In the field of land relations treats powers of Council of Ministers of the Autonomous Republic of Crimea:

a) the order lands of state-owned property in the limits determined by this Code;

b) participation in development and ensuring accomplishment of nation-wide and republican programs for questions of use and protection of lands;

c) coordination of implementation of land management and state control of use and protection of lands;

d) preparation of the conclusions about provision or withdrawal (redemption) of the parcels of land;

ґ) the redemption of the parcels of land for social needs according to the procedure, determined by the law;

e) control of use of the means arriving according to the procedure of compensation of the losses of forestry and landscape production connected with withdrawal (redemption) of the parcels of land;

d-1) entering into the Cabinet of Ministers of Ukraine of offers on establishment and change of borders of areas, cities;

e) the solution of other questions in the field of land relations according to the law.

Article 17. Powers of local public administrations in the field of land relations

In the field of land relations treats powers of local public administrations:

a) the order lands of state-owned property in the limits determined by this Code;

b) participation in development and ensuring accomplishment of nation-wide and regional (republican) programs for questions of use and protection of lands;

c) coordination of implementation of land management and state control of use and protection of lands;

d) preparation of the conclusions about provision or withdrawal (redemption) of the parcels of land;

ґ) the redemption of the parcels of land for social needs in the limits determined by the law;

e) preparation of the conclusions about establishment and change of borders of villages, settlements, areas, areas in the cities and the cities;

e) control of use of the means arriving according to the procedure of compensation of the losses of forestry and landscape production connected with withdrawal (redemption) of the parcels of land;

є) coordination of activities of state bodies of land resources;

є - 1) entering into the Cabinet of Ministers of Ukraine of offers on establishment and change of borders of areas according to the procedure, determined by the law;

g) the solution of other questions in the field of land relations according to the law.

Article 17-1. Powers of state bodies of privatization in the field of land relations

State bodies of privatization perform sale of the parcels of land on which objects, privatizeable are located.

Section II. Earth of Ukraine

Chapter 4. Structure and purpose of the lands of Ukraine

Article 18. Structure of lands

1. All lands within its territory, including the islands and lands occupied with water objects which on the main purpose are subdivided into categories belong to the lands of Ukraine.

2. Categories of the lands of Ukraine have particular legal regime.

3. Ukraine outside its territory can have the parcels of land which legal regime is determined by the legislation of the respective country on the right of state-owned property.

Article 19. Categories of lands

1. The earth of Ukraine on the main purpose are subdivided into the following categories:

a) earth of agricultural purpose;

b) earth of housing and public building;

c) earth of natural and reserved and other nature protection appointment;

d) earth of improving appointment;

ґ) earth of recreational appointment;

e) earth of historical and cultural appointment;

e) earth of forestry and landscape appointment;

є) earth of water fund;

g) earth of the industry, transport, electronic communications, power, defense and other appointment.

2. The parcels of land of each category of lands which are not provided in property or use of citizens or legal entities can be in inventory.

3. The parcel of land on the main purpose belongs to the corresponding category of lands, belongs according to the procedure, determined by this Code, to certain type of purpose which characterizes the specific direction of its use and its legal regime.

Article 20. Establishment and change of purpose of the parcels of land

1. In case of establishment of purpose of the parcels of land their reference to certain category of lands and type of purpose is performed.

In case of change of purpose of the parcels of land change of category of lands and/or type of purpose is performed.

2. Reference of the parcels of land to certain category and type of purpose of the parcels of land is performed relatively:

the parcels of land of which the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, executive bodies and local government bodies dispose, - according to the decision of relevant organ;

the parcels of land of private property - their owners.

Change of purpose of the parcels of land of the state-owned and municipal property referred to category of lands of housing and public estate, lands of the industry, transport, electronic communications, power, defense and other appointment, and also the parcels of land (except the parcels of land located in the territories and objects of natural and reserved fund, and the parcels of land of forestry and landscape appointment) on which buildings, constructions are located, are in private property of the land user who uses the parcels of land as permanent use, lease, emphyteusis, superficies, can be performed by the land user. In that case change of purpose of the parcel of land does not require the decision making of the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, executive body and local government body performing the order the corresponding parcel of land.

Change by the land user of purpose of the parcel of land of the state-owned, municipal property provided to it in use (except permanent use) without carrying out the land biddings for implementation of certain activities, shall not lead to implementation by it on such parcel of land of other activities (except arrangement cases on the parcel of land of buildings, the constructions which are in property of the land user).

3. The category of lands and type of purpose of the parcel of land are determined within the corresponding type of the functional purpose of the territory provided by the approved comprehensive plan of spatial development of the territory of territorial community or the master plan of the settlement.

Establishment of purpose of the parcel of land can be performed without observance of the requirements provided by paragraph one of this part in cases:

transfers of the parcel of land of the state-owned, municipal property according to part three of article 24 of the Law of Ukraine "On regulation of town-planning activities";

preservation degraded and unproductive, tekhnogenno contaminated land;

references of the parcel of land to lands of natural and reserved fund and other nature protection appointment;

reference of the parcel of land to lands of forestry and landscape appointment;

changes of type of purpose of the parcel of land within category of lands of agricultural purpose (except their reference to the parcels of land for gardening, change of purpose of the parcels of land under windbreak forest fields);

reference to lands of sea transport of the parcels of land within seaport.

4. When entering into the State land cadastre of data on establishment or change of purpose of the parcel of land, belonging of the parcel of land to the corresponding functional zone it is determined by data of the State land cadastre.

Data on purpose of the parcel of land are entered in the State land cadastre.

5. The qualifier of types of purpose of the parcels of land, types of functional purpose of the territories and ratio between them, and also rules of its application with determination of categories of lands and types of purpose of the parcels of land which can be established within the corresponding functional zone affirm the Cabinet of Ministers of Ukraine. The specified qualifiers and rules are used for maintaining the State land cadastre and the town-planning inventory.

Reference of the parcels of land to certain to category and type of purpose of the parcels of land shall correspond to the qualifier and rules specified in paragraph one of this part.

6. Change of purpose of the parcel of land does not require:

developments of documentation on land management (except cases of forming of the parcel of land from the lands of the state-owned and municipal property which are not created in the parcels of land);

decision makings of the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, executive body and local government body (except decisions on establishment and change of purpose of the parcels of land, the order which perform bodies).

7. Change of purpose of the parcels of land is approved in case:

if the parcel of land is in use as permanent use, lease, emphyteusis, superficies, in pledge - with the land user, the pawnbroker (whose signature on coordination is certified notarially);

if the parcel of land belongs to lands of defense - with the Ministry of Defence of Ukraine or public authority performing management of military forming which sphere of management the military unit, organization, military school, the company and the organization which uses the earth of defense on the right of permanent use treats;

changes of purpose of the parcels of land of the state-owned and municipal property of natural and reserved fund and other nature protection appointment, historical and cultural, forestry and landscape appointment as a result of which the parcels of land are removed from structure of such categories, and also changes of purpose of the lands determined by the Item of part one of article 150 of this Code - with the Cabinet of Ministers of Ukraine.

Changes of purpose of the parcels of land of the state-owned and municipal property of natural and reserved fund and other nature protection appointment, historical and cultural, forestry and landscape appointment as a result of which the parcels of land are removed from structure of such categories (except change of purpose of the parcels of land of forestry and landscape appointment for placement to them linear objects of energy infrastructure) and also changes of purpose of the lands determined by the Item of part one of article 150 of this Code are performed in coordination with the Cabinet of Ministers of Ukraine.

8. Change of purpose of lands of forestry and landscape appointment is performed on condition of compensation by the owner of the parcel of land (and for lands of the state-owned and municipal property - the user) losses of agricultural, forestry and landscape production, except the cases determined by the law. Entering into the State land cadastre of data on change of purpose of the parcel of land in such cases is performed on condition of provision by its owner (and for lands of the state-owned and municipal property - the user) ensuring obligation fulfillment on compensation of losses of forestry and landscape production, except the cases determined by the law in warranty type. The state cadastral registrar which enters data on change of purpose of such parcel of land in the State land cadastre by means of the software of the State land cadastre immediately notifies the organization which issued guarantee on approach of the basis for compensation of losses of agricultural, forestry and landscape production.

9. Change of purpose of especially valuable lands and land timberland for the purpose of their use for the purposes which are not connected with forest management is allowed only in case:

placements of objects of nation-wide value on them, roads, power lines and electronic communication networks, pipelines, drying and irrigation canals, geodetic Items, housing, subjects to welfare appointment, objects connected with mining, the oil and gas wells and factory buildings connected with their operation;

placements of objects of the industry, power (including technological infrastructure of objects of power) on the lands determined by the Item "and" of part one of article 150 of this Code;

alienations of the parcels of land for social needs or based on social necessity, reference of the lands determined by the Items "and" and "b" of part one of article 150 of this Code to lands of natural and reserved fund and other nature protection appointment, historical and cultural appointment, forest fund;

implementation of the investment project with considerable investments.

10. Inclusion of the parcel of land with certain type of purpose in borders of functional zone does not involve obligation of change of type of its purpose irrespective of whether this type in the list of types of purpose which determination is possible within such zone belongs;

11. In case of change of purpose of the parcel of land of nonagricultural appointment with reference of such parcel of land to category of lands of agricultural purpose which owner is person who according to provisions of the Land code of Ukraine cannot acquire the property right to the parcels of land of agricultural purpose such parcel of land is subject to alienation within one year from the date of entering into the State land cadastre of data on the changed purpose of the parcel of land.

Article 21. Consequences of violation of procedure for establishment and change of purpose of lands

Violation of procedure for establishment and change of purpose of lands is the basis for:

a) recognition invalid decisions of public authorities, Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea and local government bodies on provision (transfer) of the parcels of land to citizens and legal entities;

b) recognitions invalid transactions concerning the parcels of land;

c) refusal in state registration of the parcels of land or recognitions of registration invalid;

d) accountability according to the law of the citizens and legal entities guilty of violation of procedure for establishment and change of purpose of lands.

Chapter 5. Earth of agricultural purpose

Article 22. Determination of lands of agricultural purpose and procedure for their use

1. Lands of agricultural purpose the lands provided for production of agricultural products, implementation of agricultural research and educational activities, placement of the corresponding production infrastructure including infrastructure of the wholesale markets of agricultural products or intended for these purposes are recognized.

2. Lands of agricultural purpose treat:

a) agricultural holdings (arable land, long-term plantings, haymakings, pastures and perelog);

b) nonagricultural grounds (economic roads and runs, windbreak forest fields and other protective plantings, except those which are carried to lands of other categories, the earth under economic constructions and the yards, lands under infrastructure of the wholesale markets of agricultural products of the earth under objects of production of biomethane which are components of complexes on production, conversion and storage of agricultural products, the earth of temporary conservation, etc.).

3. No. 1423-IX is excluded according to the Law of Ukraine of 28.04.2021

4. It is excluded according to the Law of Ukraine of 12.02.2015 No. 191-VIII.

5. Acquisition in property of the parcels of land of agricultural purpose is performed taking into account requirements of article 130 of this Code.

Article 23. Priority of lands of agricultural purpose

1. The lands suitable for needs of agricultural industry (except samooblesenny lands), shall be provided first of all for such purposes:

1) farming;

2) forest management;

3) creation of the territories and objects of natural and reserved fund

2. Determination of the lands suitable for needs of agricultural industry is carried out based on data of the state land cadastre.

3. For construction of industrial enterprises, objects of housing and communal services, iron and highways, power lines and electronic communication networks, bulk distribution lines, and also for other needs which are not connected with conducting agricultural production nonagricultural grounds or agricultural holdings of the worst quality are provided mainly.

4. Power line and electronic communication networks and other communications are carried out mainly along roads, routes, etc.

Article 24. Parcels of land of the state and municipal agricultural enterprises, organizations and organizations

1. To the state and municipal agricultural enterprises, organizations and the organizations the parcels of land of agricultural purpose from lands are provided to the state-owned and municipal property in permanent use for construction and servicing of real estate units (buildings, constructions), and also in the cases provided by Article part four 92 of this Code.

2. The state and municipal agricultural enterprises, organizations and the organizations can lease the parcels of land of all patterns of ownership.

3. In case of liquidation of the state or municipal company, organization, the organizations of the earth which are in their permanent use for the decision of relevant organ of the executive authority or local government body are transferred to lands of inventory or are provided to other citizens and legal entities for use on their purpose, and lease agreements of the parcels of land stop.

Article 25. Privatization of lands of the state and municipal agricultural enterprises, organizations and organizations

1. In case of privatization of lands of the state and municipal agricultural enterprises, organizations and organizations the parcels of land are transferred to employees of these companies, organizations and organizations, employees of the public and municipal institutions of education, the culture, health cares located in the territory of the relevant council and also pensioners from their number with determination to each of them of land share (share).

2. Decisions on privatization of lands of the state and municipal agricultural enterprises, organizations and organizations accept executive bodies or local government bodies according to their powers according to the petition of employees of these companies, organizations and organizations.

3. Lands are transferred to persons specified in part one of this Article to private property free of charge.

4. Acreage, transferred to private property, constitutes difference between total area of the lands which were in permanent use of the agricultural enterprises, organizations and organizations, and acreage remaining in the state-owned or municipal property (forestry and landscape appointment, water fund, reserve fund).

5. Persons specified in part one of this Article have the guaranteed right to receive the land share (share) allocated in nature (to areas).

6. To citizens of Ukraine from among the deported persons who lodged in the rural zone the state provides free transfer into the ownership of the earth of agricultural purpose in the amount of the land share determined for this area at the expense of lands of inventory and reserve fund in case of their availability.

7. In case of calculation of the size of land share (share) the agricultural holdings which were in permanent use of the state and municipal agricultural enterprises, organizations and organizations, except for the lands remaining in the state-owned and municipal property are considered. The general size of the area of agricultural holdings estimated for privatization is divided into total quantity of persons specified in part one of this Article.

8. The cost and the sizes in conditional cadastral hectares of land shares (shares) of employees of the relevant companies, organizations and organizations and pensioners from their number are equal.

The sizes of the parcels of land which are allocated for employees of the public and municipal institutions of the companies and the organization of culture, the education and health care and pensioners from their number living in the rural zone or settlements of city type cannot exceed regulations of free transfer of the parcels of land to citizens established by the law for maintaining personal peasant economy.

9. Intraeconomic roads, the economic yards, field-protecting forest belts and other protective plantings, hydraulic engineering constructions, reservoirs, etc. can be transferred according to this Code to the possession of citizens, agricultural enterprises, organizations and organizations which are created by former employees of the state and municipal agricultural enterprises, organizations and organizations.

10. Executive bodies or local government bodies in the course of privatization create reserve fund of lands in coordination of its location with persons specified in part one of this Article at the rate to 15 percent of the area of all agricultural holdings which were in permanent use of the relevant companies, organizations and organizations.

11. The reserve fund of lands is in the state-owned or municipal property and intends for further redistribution and use on purpose.

Article 26. Use of the parcels of land with meliorative systems

The parcels of land received by citizens as a result of privatization of lands of the state and municipal agricultural enterprises on which are located and function meliorative systems, are shared based on the agreement. In case of lack of consent on joint use of the specified parcels of land the question is resolved judicially.

Article 27. Preserving land right of agricultural enterprises, organizations and organizations, personal country and farms

Agricultural enterprises, organizations and the organizations, personal country and the farms uniting in associations and other forms of business keep the right to the parcels of land if other is not provided by the agreement.

Article 28. Parcels of land of agricultural enterprises

1. To agricultural enterprises, organizations and the organizations, except state and municipal, the earth of agricultural purpose can belong on the property right.

2. The property right to the earth of these companies can be acquired by entering into the authorized capital of the parcels of land of their founders and acquisition of the parcels of land according to purchase and sale agreements, rents, donations, exchanges, to other civil transactions.

3. The realization of the property right to the earth by the specified agricultural enterprises is enabled according to the law.

Article 29. Determination of the location of the parcels of land of citizens in case of liquidation of agricultural enterprises, organizations and organizations

1. In case of liquidation of agricultural enterprises, organizations and organizations near settlements the owners of land shares (shares) living in these settlements have the privilege to receipt of the parcels of land.

2. The location of the parcels of land is determined taking into account requirements of the rational organization of the territory and compactness of land use according to land management projects which affirm meeting of owners of land shares (shares).

Article 30. Distribution of nonagricultural grounds in case of liquidation of agricultural enterprises

1. In case of liquidation of agricultural enterprises the nonagricultural grounds which were in their property are distributed according to constituent documents of these companies or with the consent of owners of land shares (shares). In case of default of agreement this issue is resolved judicially.

2. The parcels of land of the state-owned and municipal property which were in use of the liquidated agricultural enterprises, organizations and the organizations join in lands of inventory or are transferred to the possession or use according to this Code.

Article 31. Farm earth

1. The earth of farm can consist from:

1) the parcels of land belonging to citizens - to members of farm on the property right, uses;

2) the parcels of land belonging to farm on the property right, uses.

Article 32. Privatization of the parcels of land by members of farms

1. To citizens of Ukraine - members of farms the parcels of land provided to them in use in the amount of land share (share) of the member of the agricultural enterprise located in the territory of the relevant council are transferred free of charge to private property.

2. Action of part one of this Article does not extend to citizens who acquired the right to land share (share) earlier.

Article 33. Parcels of land of personal peasant economy

1. The parcels of land intended for maintaining personal peasant economy can be transferred by citizens to use to legal entities of Ukraine and be used by them for conducting commodity agricultural production, farm without change of purpose of these parcels of land.

Article 34. Lands for mowing and pasture of the cattle

1. Citizens can lease the parcels of land for mowing and pasture of the cattle.

2. Executive bodies and local government bodies can create on the lands which are in property of the state or territorial bulk, public haymakings and pastures.

Article 35. The parcels of land for gardening

1. Citizens of Ukraine from lands of the state-owned and municipal property have the right to acquire free of charge in property or under lease the parcels of land for conducting individual or collective gardening.

2. Foreigners and stateless persons and also legal entities can have the parcels of land for conducting individual or collective gardening under lease.

3. The parcels of land intended for gardening can be used for laying of long-term fruit plantings, cultivation of crops, and also for construction of necessary constructions, economic constructions, etc.

4. The parcels of land occupied with protective strips, roads, drives, buildings and constructions public belong to lands public gardening societies. The earth public of gardening society are free of charge transferred to it to the possession according to the petition of the supreme body of management of society in relevant organ of the executive authority or local government body based on documentation on land management according to which forming of the parcels of land or technical documentation on land management concerning establishment (recovery) of borders of the parcel of land in nature was performed (on the area).

5. Privatization of the parcel of land by the citizen - the member of gardening partnership is performed without the consent to that of other members of this partnership.

6. Use of the parcels of land of gardening partnerships is performed according to the law and charters of these partnerships.

Article 36. The parcels of land for truck farming

1. Of the state-owned or municipal property the parcels of land for truck farming can be provided to citizens or their associations from lands in lease.

The area of the parcel of land provided to the citizen in lease for truck farming cannot exceed hectare 0,6.

2. On the parcels of land provided for truck farming laying of long-term fruit plantings, and also construction of capital structures and constructions is not allowed.

3. On the parcels of land provided for truck farming temporary constructions for storage of stock and protection against bad weather can be built. After lease term of the specified parcel of land the constructed temporary constructions are subject to demolition by owners of these constructions at their expense.

Article 37. Right of the nonagricultural companies, organizations and organizations to the earth

1. The private nonagricultural enterprises, organizations and the organizations can acquire in property or lease of land of agricultural and other purpose for maintaining subsidiary farm.

2. The state and municipal nonagricultural companies, organizations and the organizations can buy in lease the land of agricultural and other purpose for maintaining subsidiary farm.

Article 37-1. Features of use and the order of the parcels of land located in the massif of lands of agricultural purpose and also windbreak forest fields which limit such massif

1. The parcels of land of agricultural purpose intended for maintaining personal peasant economy, farm, located in the massif of lands of agricultural purpose can be used by their owner, the land user also for conducting commodity agricultural production without change of purpose of such parcels of land.

2. Owners of the parcels of land of all patterns of ownership located in the massif of lands of agricultural purpose can exchange such parcels of land.

Exchange (exchange) of the parcel of land of the state-owned or municipal property located in the massif of lands of agricultural purpose for other parcel of land located in the same massif is performed only if both parcels of land have identical normative money value or the difference between normative cash to estimates constitutes no more than 10 percent.

3. Owners and lessees of the parcels of land of agricultural purpose located in the massif of lands of agricultural purpose for validity of lease can exchange the rights to use belonging to them the parcels of land by the mutual conclusion between them of lease agreements, the sublease of the respective sites.

4. Person who belongs right to use by essential part of the massif of lands of agricultural purpose has the right to lease other parcels of land of agricultural purpose located in such massif and if the parcels of land are in lease - on obtaining in the sublease, on condition of transfer to their owner (lessee) to use (lease, the sublease) of other parcel of land located in the same massif for the same term and on such conditions if owing to strip farming non-use of such parcels of land creates obstacles in rational use of the parcels of land which are in use of this person. The right of lease of land is acquired according to the procedure, established by the Law of Ukraine "About lease of land".

Person who belongs right to use by essential part of the massif of lands of agricultural purpose is the land user who possesses right to use (lease, emphyteusis) the parcels of land located in the massif of lands of agricultural purpose total all the area of the massif.

5. The parcels of land of the state-owned or municipal property under the field roads designed for access to the parcels of land located in the massif of lands of agricultural purpose (except the field roads limiting the massif), are leased without carrying out the land biddings to owners and/or users of the parcels of land adjacent to the parcels of land under such field roads. The lease term of such parcels of land constitutes 7 years.

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