of October 6, 1998 No. 161-XIV
About lease of land
Lease of land is the urgent paid ownership based on the agreement and use of the parcel of land necessary for the lessee for carrying out entrepreneurial and other types of activity.
The relations connected with lease of land are regulated by the Land code of Ukraine, the Civil code of Ukraine, this Law, the laws of Ukraine, other regulatory legal acts adopted according to them and also the land lease agreement.
The relations connected with lease of the parcels of land on which complete property complexes of the companies, organizations and the organizations of the state-owned or municipal property are located, and also based on the property belonging to the Autonomous Republic of Crimea and their structural divisions are regulated by this Law taking into account the features provided by the Law of Ukraine "About lease of the state-owned and municipal property".
Objects of lease are the parcels of land which are in property of citizens, legal entities, municipal or state-owned property.
Lessors of the parcels of land are citizens and legal entities in whose property there are parcels of land, or persons authorized by them.
Lessors of the parcels of land which are in municipal property are village, settlement, city councils within the powers determined by the law.
Lessors of the parcels of land which are in joint property of territorial bulks are regional, regional councils and the Verkhovna Rada of the Autonomous Republic of Crimea within the powers determined by the law.
Lessor of the parcel of land which is part of inheritance in case of absence of beneficiaries under a will and under the law, their elimination from the right to inheritance, rejection of inheritance by them, and also refusal of its acceptance after six months from the date of opening of inheritance, is person who manages inheritance.
Lessees of the parcels of land are legal entities or physical persons which based on the lease agreement possess right of possession and uses of the parcel of land.
Can be lessees of the parcels of land:
a) the district, regional, Kiev and Sevastopol city public administrations, Council of Ministers of the Autonomous Republic of Crimea and the Cabinet of Ministers of Ukraine within the powers determined by the law;
b) village, settlement, city, regional and regional councils, the Verkhovna Rada of the Autonomous Republic of Crimea within the powers determined by the law;
c) citizens and legal entities of Ukraine, foreigners and stateless persons, foreign legal entities, international associations and organizations, and also foreign states.
Lessees acquire the right of lease of the parcel of land on the bases and according to the procedure, provided by the Land code of Ukraine, the Civil code of Ukraine, present and other laws of Ukraine and the land lease agreement.
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.
The parcel of land burdened by pledge can be leased in case of the consent of the pawnbroker.
The right of lease of the parcel of land is subject to state registration according to the law.
The right to lease of the parcel of land passes after the death of physical person lessee if other is not provided by the lease agreement, to heirs, and in case of their refusal or absence of such heirs - to persons who used this parcel of land together with the lessee and showed willingness to become lessees if it does not contradict requirements of the Land code of Ukraine and this Law.
In case of condemnation of physical person lessee to imprisonment or restrictions of his capacity to act by a court decision the right to lease of the parcel of land passes to one of members of his family who showed willingness and can become according to the law the lessee, and in case of its refusal or lack of those - to persons who used this parcel of land together with the lessee, from their consent if it does not contradict requirements of the Land code of Ukraine and this Law.
Also passes the lease right to this parcel of land to person to whom passed the property right to the apartment house, the building or construction located on the leased parcel of land. The agreement providing acquisition of property right to the apartment house, the building or construction the lease agreement of the parcel of land regarding lease by the previous lessee of the parcel of land on whom such apartment house, the building or construction is located stops.
The right of lease of the parcel of land of the state-owned or municipal property provided for implementation of the project on the terms of public-private partnership including on the terms of concession, passes to the new private partner, the concessionary in case of change of the private partner, the concessionary who is performed according to the procedure, provided by the Law Ukraine "About concession" and the Law of Ukraine "About public-private partnership".
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