Legal basis of Decree of President of Ukraine "About pressing measures on acceleration of reforming of agrarian sector of economy"20.11.2005 18:31 The articles of the
acts
The law of Ukraine №
400-Х11 from 17.10.1990" About prioritiness of social development
of village and agriculture in a national economy"
The article 25. Compulsion
of the account of the provisions of the Law at development both acceptance
other legislative and normative statements.
The article 1. Organizational-economic
and legal measures, which provide prioritiness of social development
of village and agriculture
Prioritiness of social development
of village and agriculture is provided with the state by accomplishment
of organizational-economic and legal measures.
The constitution of Ukraine,
p.4 article13.
The state is provided with
protection of the rights of all subjects of law of the property and
managing, social orientation of economy. All subjects of law of the
property equal before the law.
p. 2, article102.
The president of Ukraine
is the guarantor of the state sovereignty, territorial integrity of
Ukraine, observance of the Constitution of Ukraine, rights and freedom
of the person and citizen.
The constitution of Ukraine,
p. C article106.
The president of Ukraine
on a basis and on fulfilment of the Constitution and laws of Ukraine
issues the decrees and orders, which are obligatory to fulfilment on
territory of Ukraine.
P.3, article 113.
The cabinet of Ministers
of Ukraine in the activity is guided by the Constitution and laws of
Ukraine, acts of the President of Ukraine.
The constitution of Ukraine,
p. 2, article 14.
The property right to ground
is guaranteed.
The article 41.
Each has the right to possess,
to use and to dispose of the property, results щf its intellectual,
creative activities.
The right of a private property is acquired in the order determined
by the law.
Nobody can be illegally debared щf the rights of the properties. The
right of a private property is firm.
The land code of Ukraine
the Article 5. The right of the collective property.
Each member of the collective
agricultural enterprise, agricultural cooperative, agricultural joint-stock
company in case of an exit from it has the right to receive the particle
of ground in a nature (on district), which is defined in the order stipulated
by parts of the sixth and seventh article 6 of this code.
The law of Ukraine "
About the collective agricultural enterprise"
The article 9. A co-op
share fund of property of the members of the enterprise
2. The share is the property of the member of the enterprise. The right
to dispose of the share its own discretion,the member of the enterprise
acquires after the termination(discontinuance) of membership in the
enterprise. The share can be inherited according to civil procedure
law of Ukraine and charter of the enterprise.
3. In case of an exit from
the enterprise the citizen has the right to the share in nature nature,
money or valuable papers.
The article 10. of the Ground of the enterprise. To the member of the
enterprise, which has wished to leave from its structure for organization
of country (farmer) facilities, the land lot is granted from grounds
of a stock, and in case of absence of grounds of the enterprise, suitable
for agricultural production, in a part, which is necessary on one member
of collective.
The law of Ukraine "
About prioritiness of social development of village and agriculture
in a national economy of Ukraine "
The article 4. Equality
of the forms managing in agriculture
All forms of managing in
agriculture (country (farmer) facilities, collective farms, state farms,
auxiliary agriculture of the enterprises and organizations ,processing
and the other enterprises, cooperative societies, joint-stock companies,
rent collectives, the personal part-time farms of the citizens, etc.)
have the equal right on organization of production and possession of
the production.
The law of Ukraine "
About the property "
The article 4. Accomplishment
of the property right
1. The proprietor on the
discretion possesses, uses and disposes proper to him of property.
2. The proprietor has the
right to be committed concerning the property any actions, which do
not contradict of the law. He can use property for accomplishment economic
and other, not forbidden by the law, activity, in particular to transmit
it free or for the payment at possession and use to other persons.
To all proprietors the equal conditions of accomplishment of the rights
of agricultural production, in a part are provided which is necessary
on one the member of collective.
The law of Ukraine "
About prioritiness of social development of village and agriculture
in a national economy of Ukraine "
The article 4. Equality
of the forms managing in agriculture.
All forms of managing in
agriculture (country (farmer) facilities(economy), collective farms,
state farms, auxiliary agriculture of the enterprises and organizations
processing and the other enterprises, cooperative societies, joint-stock
companies, rent collectives, the personal part-time farms of the citizens,
etc.) have of the equal right on organization of production and possession
of the production.
The law of Ukraine "
About the property "
The article 4. Accomplishment
of the property right
1. The proprietor on the
discretion possesses, uses and disposes proper to it(him) of property.
2. The proprietor has the
right to be committed concerning the property any actions, which do
not contradict of the law. It(he) can use property for accomplishment
economic and other, not forbidden by the law, activity, in particular(personally)
to transmit it(him) free or for the payment at possession and use to
other persons.
3. To all proprietors the
equal conditions of accomplishment of the rights are provided.
The article 6. Using by the proprietor proper to him of property for
enterprise activity. The proprietor of production assets and other property
has the right to create in statutory the order the enterprise, organization,
which is by the legal person.
The legal person realizes the vested interest, use and order by the
property, fixed behind her of the proprietor according to the charter
(provision).
The law of Ukraine "
About economic companies "
The article 1. Economic
companies.
The economic companies by
this Law recognize to enterprises establishments, organizations created
on the basis of the agreement by the legal persons and the citizens
by association of their property and enterprise activity with the purpose
of receiving of the profit.
The land code of Ukraine
The article 8. The
lease of ground of a Condition, terms, and also payment for the lease
of ground are defined under the agreement of parties and are caused
in the agreement.
The law of Ukraine "
About the lease of ground "
The article 7. The
right on the lease of ground. The Citizens, which have the right to
a land part (share) in the not state agricultural enterprise, can transmit
to the rent appropriate land lot only for agricultural use in the order
determined by the land
Code of Ukraine and the
laws of Ukraine.
The article 20. The forms
of the rent
1. The rent can be established
in such forms:
- Money;
- Natural (behind the certain quantity or part of production, which
getting from the leased land lot);
- spot working (granting of services to the lessor).
2. The parties can provide
in the lease arrangement association of the indicated forms or to define
other forms of payment.
The law of Ukraine "
About the payment for ground "
The article 19. The
size, condition and terms of entering of the rent for ground are established
under the agreement of parties in the lease arrangement between the
lessor (proprietor) and leaser
The law of Ukraine "
About the payment for ground "
The article 2. Using
of ground in Ukraine is paid. The payment for ground consults(copes)
by the way of land tax or rent, which is defined depending on a money
estimation of grounds.
The law of Ukraine "
About the lease of ground "
The article 4. Objects
of the lease of ground.
Item 3. By transfer on hire
basis of land lots by the citizens, which have the right to a land part
(share) in the not state agricultural enterprise, their site is defined
with allowance for of requests of rational organization of territory
and kompactness land use according to special groundduilding projects,
which affirm by the general taxes of the members of the agricultural
enterprise or assembly of the conveners, and in joint-stock company
- general meeting of company.
The land code of Ukraine
The article 9. Competency
village, community and urban regional subordination of Advices(councils)
of the national deputies in the field of regulation of the land attitudes(relations)
To management village, community and urban regional subordination of
Advices national
The deputies in the field of regulation of the land attitudes(relations)
on their territory belong to
1) Transfer of the land lots to the property, granting them in use,
including on a hire basis, in the order established(installed) by the
articles 17 and 19 these Codes,
2) Registration of the property right, right use by ground and agreements
on the lease of ground,
The article 10. Competency
of municipal councils of the national deputies in the field of regulation
of the land relations
To management of municipal councils of the national deputies in the
field of regulation of the land attitudes(relations) on their territory
belong to 1) Transfer of the land lots to the property, granting them
in use, including on a hire basis, in the order establishedby the articles
17 and 19 these Codes,
2) Registration of the property right, right use by ground and agreements
on the lease of ground
The article 11. Competency
of regional Advices(councils) of the national deputies in the field
of regulation of the land attitudes(relations)
To management of regional Advices(councils) of the national deputies
in the field of regulation land relations of their territory belong
to:
1) Transfer of the land lots to the property, granting them in use in
the order established by the articles 17 and 19 these Codes;
2) Registration of the property right, right use by ground and agreements
on the lease of ground
The law of Ukraine "
About notariate ".
The article 54. The agreements,
which are certified in the notarial order.
The notaries and officials of the executive committees village, community,
municipal councils of the national deputies, which are committed notarial
actions, certify the agreements, concerning which by the legislation
is established(installed) the obligatory notarial form, and also at
will of parties and other agreements
The notaries and other officials, which are committed notarial actions,
check, whether the contents identified by them of the agreement answers
requests of the law and appropriate validity to intents of the parties
The law of Ukraine "
About a local government in Ukraine "
The article 33. Authority
in sphere of regulation of the land attitudes(relations) and protection
of environmental natural environment
To management of the executive
boards village, сommunity municipal councils belong to The delegated
authorities;
Registration of the subjects of law of the property on ground; registration
of the right use by ground and agreements on the lease of ground; issue
of the documents, which certify the property right and right of use
by ground;
The decree of the Cabinet
of Ministers of Ukraine " About a State Tax " № 7-93.
The law of Ukraine "
About modification in some acts of Ukraine on collection of a State
Tax " from 08.09.99.
The article 3. The sizes
of the rates of a State Tax
The rates of a State Tax
such sizes: " у) for the certificate of the lease arrangements
(the subleases) land lots are established in 0,01 percentsfrom a money
estimation of the land lot, which is established on a technique affirmed
by the Cabinet council of Ukraine. In case of absence of a money estimation
of grounds - 1 percent(interest) of the sum of the agreement, but smaller
one impose taxes of the minimum of the incomes of the citizens ".
The law of Ukraine "
About the lease of ground ".
The article 4. Objects
of the lease of ground.
P. 3. By transfer on hire
basis of land lots by the citizens, which have the right to a land part
(share) in the not state agricultural enterprise, their site is defined
with allowance for of requests of rational organization of territory
and compactness land use according to special groundbuilding projects,
which affirm by the general taxes of the members of the agricultural
enterprise or assembly of the conveners, and in joint-stock company
- general meeting of company
The law of Ukraine "
About country (farmer) facilities".
The article 4. The right
on creation country (farmer) facility and condition of granting of the
land lots for his(its) management
P. 3. The land lots are
allocated, as a rule, with uniform file with water sources, disposed
on it,(him,) and woodgrounds, whenever possible approached to existing
roads, elektro- and radio telephone networks,gas- and water supply of
systems and other kinds of an engineering infrastructure.
The law of Ukraine "
About the lease of ground ".
The article 7. The right
on the lease of ground.
P. 4. The citizens, which
have the right to a land part (share) in the not state agricultural
enterprise, can transmit the on hire basis appropriate land lot only
for agricultural use in the order determined by the land Code of Ukraine
and the laws of Ukraine.
The law of Ukraine "
About the collective agricultural enterprise ".
The article 9. A co-op
share fund of property of the members of the Enterprise
P. 2. The share is by the
property of the member of the enterprise. The right to dispose of the
share behind the own discretion the member of the enterprise acquires
after the termination(discontinuance) of membership in the enterprise.
The share can be inherited according to civil procedure law of Ukraine
and charter of the enterprise.
Item 3. In case of an output(exit) from the enterprise the citizen has
the right to the share nature, money or valuable papers.
The article 33. Satisfaction
of the claims of the creditors
4. The shares of the members
of the enterprise are issued to them nature either money or valuable
papers after satisfaction of the claims of the creditors.
5. The property, which remained after satisfaction of the claims of
the creditors, is distributed between the members of the enterprise.
The land code of Ukraine.
The article 5. The right
of the collective property on ground.
4.9. Each member of the
collective agricultural enterprise, agricultural cooperative, agricultural
joint-stock company in case of an exit from it has the right to receive
the particle of ground in a nature (on district), which is defined in
the order stipulated by parts of the sixth and seventh article 6 of
this code.
The law of Ukraine "
About the collective agricultural enterprise ".
The article 9. A co-op
share fund of property of the members of the enterprise.
P. 2. The share is by the
property of the member of the enterprise. The right to dispose of the
share behind the own discretion the member of the enterprise acquires
after the termination(discontinuance) of membership in the enterprise.
The share can be inherited according to civil procedure law of Ukraine
and charter of the enterprise.
The land code of Ukraine.
The article 5. The right
of the collective property on ground.
4.11. In case of sale by
the proprietor of the land particle the prevailing right on its(her)
purchase have the co-owners.
The article 6. The right
of a private property of the citizens on ground.
The citizens of Ukraine
have the right to receiving in the property of the land lots for management
of country (farmer) facilities(economy), management of a personal part-time
farm, constructions and service of an apartment house and economic buildings
(adjoining the farm a plot(site)), gardening, country and garage construction.
The citizens acquire the property right to the land lots in a case:
Receiving them by right of succession, receiving of a particle of ground
in the community property of a matrimony, sale and purchase, donation
and exchange.
Free of charge land lots are transmitted to the property of the citizens
for management of country (farmer) facilities(economy) in borders of
an average land particle, which is calculated in the order stipulated
by this article, management of a personal part-time farm.
For the payment the land lots are transmitted to the property of the
citizens for management of country (farmer) facilities(economy), which
size exceeds an average land particle.
To the foreign subjects and the land lots in the property are not transmitted
to the stateless persons.
The article 18. Purchase
of the land lots in the property.
P. 4. The purchase by the
citizens at local Advices(councils) of the national deputies of the
land lots in the property for management of country (farmer) facilities(economy)
over the area, which is transmitted free of charge, is conducted for
the payment in the order stipulated by the article 17 of this code.
P. 4.3. The purchase of the land lots, which are in collective or private
property, is conducted by agreement sales and purchase, which is certified
in the notarial order.
The article 52. The sizes
of the land lots of country (farmer) facilities
For management of country
(farmer) facilities can be transmitted to a private property or be granted
in use the land lots, which size should not exceed 50 hectares agricultural
grounds and 100 hectares of all grounds. The citizens, which conduct
country (farmer) facilities, can in addition lease the land lots for
the industrial purposes.
The article 56. The land
lots for management of a personal part-time farm.
For management of a personal
part-time farm the land lots, in borders of the occupied items, in the
sizes indicated in the земельно-registration documents are transmitted
free of charge to the property to the citizens under the decision village,
community , municipal council of the national deputies or not the greater
0,6 hectares are granted free of charge in the property at a rate of.
At will of citizens they in addition can grant the land lots in use.
The general area of these plots(sites) should not exceed 1 hectare.
The increase of the sizes of the land lots up to 2 hectares can conduct
as agreed with regional Advice of the national deputies.
The law of Ukraine "
About the payment for ground "
The article 24.
The money estimation of
ground is applied to economic regulation of the land attitudes(relations)
at the conclusion of the civil-law agreements stipulated by the legislation
of Ukraine.
The law of Ukraine "
About country (farmer) facilities".
The article 4. The right
on creation country (farmer) facility and condition of granting of the
land lots for his(its) management.
Item 2. The land lots are
transmitted to the citizens of Ukraine for management of country (farmer)
facilities to a private property and it are granted at use, including
on a hire basis. The transfer of the land lots to a private property
and granting them at use is realized from grounds of a stock, and also
grounds withdrawn (redeemed) when due hereunder. Free of charge land
lots are transmitted to a private property of the citizens for management
of country (farmer) facilities in borders of an average land particle,
which is calculated in the order stipulated by the article 6 of the
land Code of Ukraine. For the payment the land lots are transmitted
to a private property of the citizens for management of country (farmer)
facilities which size exceeds an average land particle.
The article 7. The features
of granting of the land lots to the members of the collective agricultural
enterprises, agricultural cooperatives, agricultural joint-stock companies,
which were expressed by(with) desire of a message country (farmer) facilities
P.1. The members of the
collective agricultural enterprises, agricultural cooperatives, agricultural
joint-stock companies, which the country (farmer) facilities have wished
messages, have the right of a unobstructed exit from them. Under the
decision regional, urban, in which administrative subordination there
is an area. Advice of the national deputies they transmit free of charge
to a private property the land lots in borders of an average land particle,
which is withdrawn from grounds of the indicated enterprises, cooperative
societies, joint-stock companies, and, besides are transmitted to a
private property for the payment and the land lots from grounds of a
stock are granted in use.
The decree of the Cabinet
council of Ukraine from 23.03.95г. № 213 " About a Technique of
a money estimation of grounds of agricultural
purpose(assignment) and occu ed items ".
The decree of the Cabinet
council of Ukraine from 30.05.97г. №525 " About a technique of
a money estimation of grounds of not agricultural purpose(assignment)
(except for grounds populated area of items) "
The land code of Ukraine
P.3, article 59. The
land lots for trucking,mowing and pasture of cattle. The land lots for
mowing and pasture cattle are granted at use to the citizens, which
have in the property cattle.
The law of Ukraine "
About agricultural cooperation ".
The article 1. The basic
concepts.
In this Law such basic concepts
are used: an agricultural production co-operative the enterprise created
for general production of village, fish and wood facilities, with obligatory
labour sharing(participation) in its activity; agricultural servicing
the cooperative society - enterprise created for accomplishment of service
mainly of the members of cooperative society on the basis of mutual
aid and economic complementation.
The article 2. Kinds
of cooperative societies.
Item 3.P.3. The servicing
cooperative societies, realizing service of the members, do not put
the purpose of receiving of the profit.
The land code of Ukraine
The article 5. The right
of the collective property on ground.
P. 9. Each member of the
collective agricultural enterprise, agricultural cooperative, agricultural
joint-stock company in case of an output(exit) from him(it) has the
right to receive the particle of ground in a nature (on district), which
is defined in the order stipulated by parts of the sixth and seventh
article 6 of this code.
The article 23. The documents,
which certify the right on the land lot.
P. 1. The property right
or right of constant use by ground is certified by the state certificates(acts),
which are issued and are registered village, community, urban, regional
Advices(councils) of the national deputies.
The decree Supreme the
Ukraines from 13.03.94 № 2201 " About the forms of the state certificates(acts)
on the property right to ground and right of constant use by ground
"
According to the Laws
of Ukraine " About commodity exchange " and " About a
consumer's co-operative society ".
For maintenance of stabilization
and following development of agriculture it is necessary to decide such
basic problems: to speed up of reforming of the agricultural enterprises,
adaptation of their economic and industrial structure to market demands;
to speed up formations of an infrastructure of the market of agricultural
production; to carry out measures on protection of the domestic food
market; to assist engaging of the domestic and foreign investments;
to supply simplification of system the taxation and decrease(reduction)
of tax pressure; to assist development of facilities(economy) of private(individual)
sector and their cooperation with the enterprises of public sector,
to accept pressing measures concerning accomplishment of active social
policy.
The land code of Ukraine.
Item 5. The right of
the collective property on ground.
P.1. The Earth can belong
to the citizens on the right of the collective property.
P.4. In the collective property there can be transmitted grounds of
the collective agricultural enterprises, agricultural cooperatives,
agricultural joint-stock companies, including created on the basis state
farms and other state agricultural enterprises, ground of gardening
companies under the decision of general meeting of these enterprises,
cooperative societies, companies.
P.7. Earth in the collective property are granted free of charge.
P.9. Each member of the collective agricultural enterprise, agricultural
cooperative, agricultural joint-stock company in case of an output(exit)
from it has the right to receive the particle of ground in a nature
(on district), which is defined in the order stipulated by a part of
the sixth and seventh article 6 of this code.
Item 6. The right of
a private property of the citizens on ground.
P.4. Free of charge land
lots are transmitted to the property to the citizens for: of management
of country (farmer) facilities(economy) in borders of an average land
particle, which is calculated in the order stipulated by this article;
management of a personal part-time farm; the constructions and service
of a house and economic buildings (farmland plot(site)), including land
lots, which were given when due hereunder to citizens for this purpose,
in borders of the limiting size determined by the article 67 of this
code earlier; gardenings; country and garage construction.
The law of Ukraine "
About the collective agricultural enterprise ".
Item. 10 of the Earth
of the enterprise.
The item. 1 the Earth can
belong to the enterprise on the right of the collective property, and
also can be given in constant, or temporary use, including on a hire
basis.
The law of Ukraine "
About patterns of ownership on ground ".
1. To enter in Ukraine near
to state - collective and private(individual) patterns of ownership
on ground. 2. To establish, that the property on ground in Ukraine acts
in such forms: state, collective, private(individual). All patterns
of ownership are equal in rights.
The land code of Ukraine.
Item 5. The right of
the collective property on ground.
P.4. In the collective property
there can be transmitted grounds of the collective agricultural enterprises,
agricultural cooperatives, agricultural joint-stock companies, including
created on the basis state farms and other state agricultural enterprises,
ground of gardening companies under the decision of general meeting
of these enterprises, cooperative societies, companies.
P.7. Of the Earth in the collective property it are granted free of
charge.
P.9. Each member of the collective agricultural enterprise, agricultural
cooperative, agricultural joint-stock company in case of an output(exit)
from him(it) has the right to receive the particle of ground in a nature
(on district), which is defined in the order stipulated by a part of
the sixth and seventh article 6 of this code.
The law of Ukraine " About the collective agricultural enterprise
".
Item. 10 of the Earth
of the enterprise.
Item 4. To the member of
the enterprise, which has wished to leave from his(its) structure for
organization of country (farmer) facilities(economy) the land lot it
is granted from grounds of a stock, and in case of their absence - from
grounds of the enterprise, suitable for agricultural production, in
a part, which is necessary on one the member of collective.
The land code of Ukraine.
Item 5, ч.9. Each member
of the collective agricultural enterprise, agricultural cooperative,
agricultural joint-stock company in case of an output(exit) from him(it)
has the right to receive the particle of ground in a nature (on district),
which is defined in the order stipulated by a part of the sixth and
seventh article 6 of this code.
Item 23. The documents,
which certify the right on the land lot.
P.1. The property right
or right of constant use by ground is certified by the state certificates(acts),
which are issued and are registered village, community, urban, regional
Advices of the national deputies.
Item 5. The right of
the collective property on ground.
P.10. Be right on a land
part can is transmitted by right of succession in the order and on conditions
stipulated by civil procedure law concerning succession of property,
and charter of the appropriate collective enterprise. Because of absence
of the successors the prevailing right on a land part have the members
of these enterprises, cooperative societies and companies.
P.11. In case of sale by the proprietor of the land particle the prevailing
right on its(her) purchase have the co-owners.
Item 18. Purchase of
the land lots in the property.
P.3. The purchase of the
land lots, which are in collective or private property, is conducted
by agreement sales and purchase, which is certified in the notarial
order.
Item 39. The rights of
the proprietors of the land lots and land users.
The proprietors of the land
lots and land users have the right:
2) To conclude the agreement of the lien with establishments, which
extend credit;
Item 5, ч.9. Each member
of the collective agricultural enterprise, agricultural cooperative,
agricultural joint-stock company in case of an output(exit) from him(it)
has the right to receive the particle of ground in a nature (on district),
which is defined in the order stipulated by a part of the sixth and
seventh article 6 of this code.
The law of Ukraine "
About economic companies ".
Item 1. Economic companies.
P.1. The economic companies
by this Law define enterprises establishments, organizations created
on the basis of the agreement by the legal persons and the citizens
by association of their property and enterprise activity with the purpose
of receiving of the profit.
P2. To economic companiesbelong to: joint-stock companies, limited company,
company with the additional responsibility, complete companies.
P.3. The companies are the legal persons. The companies can be engaged
in any enterprise activity, which does not contradict the legislation
of Ukraine.
The land code of Ukraine.
Item 18. Purchase of
the land lots in the property.
P.1. The purchase by the
citizens at local Advices(councils) of the national deputies of the
land lots in the property for management of country (farmer) facilities(economy)
over the area, which is transmitted free of charge, is conducted for
the payment in the order stipulated by the article 17 of this code.
The law of Ukraine "
About country (farmer) facilities".
Item 6. The sizes of
the land lots of country (farmer) facilities
P. 1. For management of
country (farmer) facilities can be transmitted to a private property
or be granted in use the land lots, which size should not exceed 50
hectares oaf arable land and 100 hectares of all grounds, in districts
with by the occupied items determined by the Cabinet council of Ukraine
- 100 hectares of arable land..
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