Guided lawyers of Ukraine about our land act


Our team would like to learn more about what Ukrainian lawyers seem to know about our land act.

Why is the right of koristuvannya attached, like a land graft, which can have a permanent koristuvannya land lot, but you can’t mother on such a right, without reissuing the right to a land lot?To the praises of the new ZK 2001 r. the regulation of the right title of the right of permanent coronation by the land plot recognized the change. Having sounded around the subjects, yakі can gain the right to permanent coronation, the legislator, with an offensive rank, having designated the share of the zemstvoistuvachiv, as if they had already acquired the right. At paragraph 6 Transitional provisions of the Land Code 2001 r. it was established that “those juridical individuals, like living in a permanent corystuvannya land plots, but according to this Code cannot mothers on such a right, are liable until September 1, 2008, to re-register the right of power or the right to rent them under the established procedure.” The Constitutional Court of Ukraine VID 22 Veresnya 2005 Roku No. 5-RP/2005, the Constitutional Court of Trinching Low Vysnovkiv, Yaki forgetting the lawless corruption of the Law of the post-ore Timi Timi Zemlestuvachi, the yaki did not go to the migration of the Osіb, Vidnecki of 92 RC 2001. Zokrema, Court having declared, schostattya 92 LC 2001. do not confine and do not skasovuє the right of permanent coronation by land plots, crowded by hulks in the ways established by law. Wounded the sovereign assets for the right of post -ethnic Coristan to the earth with the rustic il Pidlyagayut deputy in the Dobrovilny Zvernnnya Osіb (staging to the Cabinet Min) VID 2 KVITEN 2002 ROCU No. 449 (Chinna Up to 23 Lipni 2013). judicial practice, in various formulations, and itself:  

  • Speech rights in non-ruhome mayo that are obtyazhennya, which were called before September 1, 2013, are recognized as valid, zokrema, as the registration of such rights was carried out clearly before the early legislation (part three of article 3 of the Law of Ukraine "On the illegal speech register їх tightness»);
  • documents, which have been conferred the right of power and the right of permanent coronation of a land plot, seen before the recruitment of rank by the Law, are effective (paragraph 10 of Section VII of the Law of Ukraine "On the State Land Cadastre");
  • Article 92 LC 2001 do not limit and do not claim the right to permanent coronation by land plots, who are persons in the manners established by law as of September 1, 2002 (clause 2.7. Decree the Plenum of the Supreme State Civil Service of Ukraine dated January 17, 2011, date No. 6);
  • The right to bristle the land is not to be in the way to be re-formalized by the piddrimism, but to zbergaykh, the right of the right to the vimogs of the Cure Law of the Armed Forces of the Armed Forces of the Armed Forces of the Armed Forces of the Armed Forces of the Armed Forces 26-2011, March 6, 14 at the right date No. 11/17/2015).

 In this rank, the right of permanent coronation with a land plot, acquired a special order in the order established by legislation, is valid until legislation, which at the time of the birth of the right of permanent coronation, is not wasted, it does not accrue to accrue to that time, as a person, as you cannot acquire such a right , do not change the re-registration of the right of another legal title. The right to post -bristan zbergaygayta is the right to bring the rights of the rights of і ogi'yazkiv cowo of the land of the village of official legislation that re -registered the rights of the post -ethnic vehicle. the right of permanent koristuvannya by the land), seen in the past before the legislation, as it was earlier, it’s not clear that they are depriving them of the law. Looking back at it, the zemstvoristuvachs, yakі reorganized, or else they didn’t re-register the right to permanently coristuvannya land plots to the right of power, or the right to rent, on the contrary, they can, without fear, continue to coristuvati nadniy їm at permanently coristuvannya land plots.Authors of the article: Oleg Kachmar, Oleksandr Plachinta 
Source: Vasil Kisil & Partners

For those who want to learn more in detail, we recommend the article:

 “The right to permanently defend the earth: how is it possible to attack the law?”