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LAND CODE OF UKRAINE

of October 25, 2001 No. 2768-III

(as amended on 18-05-2021)

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.

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 change of purpose of especially valuable lands of the state-owned and municipal property, the termination of the right of permanent use of them 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) establishment and change of borders of villages, settlements which are not part of the respective area;

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) establishment and change of borders of villages, settlements which are not part of the respective area or if the regional council is not formed;

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) coordination of activities of local authorities of land resources;

і) control of use and protection of lands of municipal property, observance of the land and ecological legislation;

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.

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) establishment and change of borders of villages, settlements which are part of the respective area;

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) coordination of activities of local authorities of land resources;

є) control of use and protection of lands of municipal property, observance of the land and ecological legislation;

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) permission of land disputes;

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

In the field of land relations in the territory of villages, settlements, the cities treat powers of executive bodies of village, settlement, city councils:

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

2) the solution of other questions 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;

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;

establishments and uses of the water protection zones and coastal protective strips, and also observance of the mode of use of their territories;

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 agricultural and 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 agricultural and 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, cities 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, communication, 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.

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

1. Reference of lands to this or that category is performed based on decisions of public authorities, the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea and local government bodies according to their powers.

Change of purpose of the parcels of land is performed on projects of land management concerning their assignment.

2. Change of purpose of the parcels of land of the state-owned or municipal property is performed by the Supreme Council of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, executive bodies or local government bodies which make the decision on approval of projects of land management concerning assignment of the parcels of land and transfer of these sites to property or provision in use according to the powers determined by article 122 of this Code.

3. Change of purpose of the parcels of land of private property is performed at the initiative of owners of the parcels of land.

Change of purpose of the parcels of land which are not relating to the state-owned or municipal property is performed by village, settlement, city council.

The project of land management concerning assignment of the parcel of land (except the parcels of land of the state-owned or municipal property) which purpose changes, developed by request of the owner of the parcel of land without provision of permission of Council of Ministers of the Autonomous Republic of Crimea, executive body, local government body on its development.

The project of land management concerning assignment of the parcel of land is developed according to the procedure, established by the law.

The Council of Ministers of the Autonomous Republic of Crimea, executive body or local government body from the date of receipt of the project of land management concerning withdrawal of the parcel of land makes in a month the decision on approval of the project of land management on withdrawal of the parcel of land and change of its purpose.

The refusal of Council of Ministers of the Autonomous Republic of Crimea, executive body or local government body in change of purpose of the parcel of land or leaving of the petition without consideration can be appealed in court.

4. part 4 of Article 20 is excluded according to the Law of Ukraine of 02.10.2012 No. 5395-VI

5. Types of use of the parcel of land within certain category of lands (except lands of agricultural purpose and lands of defense) are determined by its owner or the user independently within the requirements established by the law to use of lands of this category taking into account town-planning documentation and documentation on land management.

The parcels of land of agricultural purpose are used by their owners or users only within the requirements concerning use of lands of certain type of use established by Articles 31, 33-37 of this Code.

The parcels of land which belong to lands of defense are used only according to the Law of Ukraine "About use of lands of defense".

6. Change of purpose of especially valuable lands is allowed only for placement of objects of nation-wide value on them, roads, power lines and communication, 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 and also in case of alienation of the parcels of land for public requirements or based on social necessity, reference of the lands specified in 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, lands of historical and cultural appointment.

Reference of especially valuable lands of the state-owned or municipal property determined in the Items "and" and "b" of part one of article 150 of this Code to lands of other categories is performed in coordination with the Verkhovna Rada of Ukraine.

Coordination of materials of the location of object which is provided to be placed on the parcel of land of especially valuable lands of the state-owned or municipal property with change of its purpose is performed in coordination with the Verkhovna Rada of Ukraine according to the procedure, determined by Article of 151 of this Code.

7. Change of purpose of the parcels of land of natural and reserved and other nature protection appointment, historical and cultural, forestry and landscape appointment which are in the state-owned or municipal property is performed in coordination with the Cabinet of Ministers of Ukraine.

8. 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 this Code 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, 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 shall be provided first of all for agricultural use.

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 communication, 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 lines, communications 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 from lands are provided to the state-owned and municipal property in permanent use for the research, educational purposes and conducting commodity agricultural production.

2. The state and municipal agricultural enterprises, organizations and the organizations can lease the parcels of land which are in property of citizens and legal entities.

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.

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