Legal regulation of the provision of land for farming in Ukraine Cover Image

Правове регулювання набуття права власності на земельні ділянки для ведення фермерського господарства в Україні
Legal regulation of the provision of land for farming in Ukraine

Author(s): G. S. Korniyenko
Subject(s): Law, Constitution, Jurisprudence, Agriculture
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: agricultural land; farms; members of farms;

Summary/Abstract: The analysis of the legal regulation of the acquisition of the right of ownership of agricultural land plots for farm management proved that in this process there are certain obstacles for founders and members of such farms. It is concluded that the procedure for obtaining the right of ownership and rights to use land from the lands of state and communal property is fixed only in the Land Code of Ukraine.The right to receive a gratis land plot from state or communal land is open to Ukrainian citizens who have experience in agriculture or special education acquired in an agrarian educational institution. These requirements apply not only to the founders of farms, but also to their members.The purpose of the article is to analyze the current legal regulation of acquiring ownership of land for farming purposes, taking into account changes that were made to the Law of Ukraine «On Farmers»in accordance with the Law of Ukraine «On Amendments to the Law of Ukraine» On Farmers «regarding stimulating the creation and operation of family farms «of March 31, 2016, No. 1067-VII.In connection with the adopted amendments to the Law of Ukraine «On Farmers», the procedure for the provision of land from state-owned lands is fully regulated by the Land Code of Ukraine. The requirement to have a work experience or a special education acquired in an agrarian educational establishment extends not only to the founders of the farm, but also to members if they are willing to obtain a land plot for such an economy. In our view, this requirement complicates the acquisition of land by members of farms. At present, there is a complicated procedure for re-registration of land plots used by natural persons for the right of permanent use for farming, for the right to own.Taking into account the above, we consider it necessary to introduce a simplified procedure for there-registration of the right of permanent use of the land plot to the right of ownership for members of the farm, who for a long time are members of such an economy.

  • Issue Year: 2017
  • Issue No: 139
  • Page Range: 134-142
  • Page Count: 9
  • Language: Ukrainian