Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Land Code (No. 2768-III of 2001).

Country/Territory
Ukraine
Document type
Legislation
Date
2001 (2020)
Source
FAO, FAOLEX
Subject
Land & soil
Keyword
Basic legislation Land reform Land tenure Ownership Soil conservation/soil improvement Servitude Agricultural land Expropriation Cadastre/land registration Classification/declassification Contract/agreement Royalties/fees Monitoring
Geographical area
Black Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia
Entry into force notes
The Law enters into force from 1 January 2002.
Abstract

Land is the main national wealth under special protection of the State. The right of ownership of land is guaranteed. Use of the right of land ownership cannot damage rights and freedom of citizens, interests of society, deterioration of ecological situation and natural qualities of land. The land of the Ukraine shall be classified in the following categories on the basis of purposeful use thereof: (a) agricultural land; (b) land of residential and public buildings; (c) land of protected areas and environmental protection; (d) sanitary land; (e) recreational land; (f) cultural heritage land; (g) forest land; (h) water land; and (i) land of industry, transport, communications, energy, defense and other purposes. Land plots of each category of land that are not allotted to the property or tenure of citizens or legal entities may be kept in reserve and classified as reserve land (Art. 19). The change of purposeful use of land plots of private property is carried out at the initiative of landowners (Art.20). Agricultural land includes: (a) agricultural land (arable land, perennial crops, hayfields, pastures and fallow lands); and (b) non-agricultural land (farmland and grasslands, forest protection strips and other protective plantations, other than land classified in other categories, land under farm buildings and yards, land under wholesale markets for agricultural products, temporary conservation land, etc.) (Art. 22). Agricultural land shall be transferred to the property and made available for use to the following categories: (a) citizens - for personal subsidiary farming, horticulture, horticulture, mowing and grazing, commodity agricultural production, farming; (b) agricultural enterprises - for conducting commodity agricultural production; (c) agricultural research establishments and educational establishments, rural vocational schools and general education schools - for research and educational purposes, promotion of good agricultural practice; (d) non-agricultural enterprises, institutions and organizations, religious organizations and associations of citizens - for subsidiary farming; and (e) wholesale agricultural markets to house their own infrastructure. Agricultural land cannot be transferred (allotted) to foreigners, stateless persons, foreign legal entities and foreign states (Art.22). Agricultural enterprises, institutions and organizations, personal peasant farms and farms uniting in associations and other organizational and legal forms retain the right to their land plots (land shares), unless otherwise provided by the contract (Art 27). Citizens of Ukraine - members of farms shall be allotted free of charge on condition of private ownership land plots previously allotted thereto in the amount of land plot (share) of a member of an agricultural enterprise located in the territory of the respective local administration (Art. 32). The right of ownership of the plot of land comprehends surface land, water bodies, forests and perennial plants situated thereupon (Art. 79). The state acquires the right of land ownership in the following cases: (a) expropriation of the plots of land for public needs; (b) in accordance with the contract of sale of the plots of land; (c) by inheritance; (d) transfer of the communal plots of land; and (e) confiscation of the plots of land (Art. 84). The plots of land can be conceded on lease for a period up to 50 years. In case of creation of an industrial park on the land of state or communal property, the land plot is leased for a period of not less than 30 years. (Art. 93). The right of servitude comes into existence after its official registration in conformity with the modalities established for state registration of the plots of land (Art. 100). The purpose of land survey is to ensure rational use and protection of soil, creation of favourable environment and improvement of natural landscapes (Art. 182). The main target of land monitoring is the prognostication of ecological consequences of the degradation of the plots of land for the purpose of the prevention thereof or for the purpose of the elimination of the negative processes (Art. 192). State land cadastre is the basis for keeping cadastres of other natural resources (Art. 193). The fee for the use of land of state or municipal property, defined in the contracts on granting the right to use someone else's land for agricultural purposes (emphyteusis) or the right to use someone else's land (superficies) for construction concluded at land auctions, may not be reduced by agreement of the parties during the term of the contract, as well as in case of its renewal. Until the entry into force of the law on turnover of agricultural land, but not earlier than January 1, 2020, it is prohibited: (a) to include the right to land share in the authorized capital of companies; (b) to purchase and sale of agricultural land plots of state and municipal ownership, land transferred to municipal ownership in accordance with paragraph 21 of this section or transferred to municipal ownership in accordance with Article 14-1 of the Law of Ukraine "On the procedure for allocation in kind (on the ground) of land plots to owners of land shares (units)", except for their withdrawal (redemption) for public needs; (c) to purchase or sale or other alienation of land plots and change of purpose (use) of land plots owned by citizens and legal entities for commercial agricultural production, land plots allocated in kind (on the ground) to owners of land shares (units) for conducting personal farming, as well as land shares (units), in addition to their inheritance, exchange in accordance with part two of Article 37-1 of this Code of land for another land plot with the same normative monetary value or the difference between normative monetary values which is not more than 10 percent and withdrawal (redemption) of land for public use, as well as in addition to changing the purpose (use) of land in order to provide them to investors - participants in production sharing agreements to carry out activities under such agreements. This Law consists of X Sections composed of 212 articles. Section I lays down general provisions. Section II defines land of Ukraine. Section III establishes land rights. Section IV regards acquisition and exercise of land rights. Section V establishes guarantees of land rights. Section VI regards land protection. Section VII regards management in the field of use and protection of land. Section VIII establishes liability for the infringement of land legislation. Section IX lays down final provisions. Section X lays down transitional provisions.

Full text
Ukrainian

References - Legislation

Implemented by

Law No. 1457-IV regarding demarcation of public and municipal land.

Legislation | Ukraine | 2004

Keyword: Land reform, Land tenure, Public land, Survey/mapping

Source: FAO, FAOLEX

Law No. 1345-IV on use of land of defence.

Legislation | Ukraine | 2003

Keyword: Public land, Land reform, Land tenure, Land-use planning, Agricultural land

Source: FAO, FAOLEX

Law No. 1389-XIV on land reclamation.

Legislation | Ukraine | 2000 (2018)

Keyword: Drainage/land reclamation, Liability/compensation, Agricultural land

Source: FAO, FAOLEX

Order No. 434 of the Ministry of Environmental Protection validating the Regulation on the modalities of approval by the environmental institutions of the materials regarding expropriation (purchase) and allotment of the plots of land.

Legislation | Ukraine | 2004

Keyword: Expropriation, Environmental standards, Protected area, Soil conservation/soil improvement, Standards, Protection of environment

Source: FAO, FAOLEX

Order No. 1 of the State Committee of Land Resources validating the Regulation on the modalities of issue and cancellation of special permits for removal and transfer of the fertile soil layer of the plots of land.

Legislation | Ukraine | 2005 (2005)

Keyword: Soil conservation/soil improvement, Ownership, Expropriation, Environmental standards, Authorization/permit, Offences/penalties, Legal proceedings/administrative proceedings, Standards, Protection of environment, Mining, Exploration

Source: FAO, FAOLEX

Resolution No. 637 of the Cabinet of Ministers validating the Procedure for verifying the compliance of the purchaser or owner of the agricultural plot of land with the requirements specified in Article 130 of the Land Code of Ukraine.

Legislation | Ukraine | 2021

Keyword: Agricultural land, Private land, Enforcement/compliance

Source: FAO, FAOLEX

Decree No. 1098 of the Cabinet of Ministers validation of the Regulation on calculation of the amount of damages caused as a result of non-performance of rehabilitation of disturbed land.

Legislation | Ukraine | 2008

Keyword: Soil conservation/soil improvement, Soil pollution/quality, Soil rehabilitation, Liability/compensation

Source: FAO, FAOLEX

Amended by

Law No. 1066-VI “On Amendments to Some Legislative Acts Related to Documents That Certify the Right for a Land Plot As Well As the Procedure for Dividing and Consolidating Land Plots”.

Legislation | Ukraine | 2009

Keyword: Land consolidation, Ownership, Cadastre/land registration, Certification

Source: FAO, FAOLEX

Law No. 3123-VI amending Land Code (No. 2768-III of 2001).

Legislation | Ukraine | 2011

Keyword: Classification/declassification, Expropriation

Source: FAO, FAOLEX

Law No. 2949-VI amending Land Code (No. 2768-III of 2001).

Legislation | Ukraine | 2011

Keyword: Public land

Source: FAO, FAOLEX

Law No. 1507 amending Land Code.

Legislation | Ukraine | 2014

Keyword: Public land, Agricultural land, Ownership, Transfer

Source: FAO, FAOLEX

Law No. 5394-VI amending Land Code (No. 2768-III of 2001).

Legislation | Ukraine | 2012

Keyword: Survey/mapping

Source: FAO, FAOLEX

Law No. 5395-VI amending Land Code (No. 2768-III of 2001).

Legislation | Ukraine | 2012

Keyword: Land tenure, Classification/declassification, Survey/mapping

Source: FAO, FAOLEX

Law No. 5494-VI amending Land Code (No. 2768-III of 2001).

Legislation | Ukraine | 2012

Keyword: Ownership

Source: FAO, FAOLEX

Law No. 366-VII amending Land Code (No. 2768-III of 2001).

Legislation | Ukraine | 2013

Keyword: Land tenure, Transfer, Public land, Ownership, Land consolidation, Local government

Source: FAO, FAOLEX

Law No. 2740-VI amending some legislative acts.

Legislation | Ukraine | 2010

Keyword: Public land, Ownership, Lease, Transfer, Water conservation zone

Source: FAO, FAOLEX

Law No. 1012-VIII amending Land Code (No. 2768-III of 2001).

Legislation | Ukraine | 2016

Keyword: Land tenure, Public land, Ownership, Agricultural land, Grazing

Source: FAO, FAOLEX

Law No. 1532-VIII amending some legislative acts related to minimum period of lease of agricultural land on which is in course drainage and land reclamation.

Legislation | Ukraine | 2016

Keyword: Agricultural land, Lease, Contract/agreement, Drainage/land reclamation, Financing

Source: FAO, FAOLEX

Law No. 191-VIII amending some legislative acts related to facilitation of business administration (deregulation).

Legislation | Ukraine | 2015

Keyword: Agricultural land, Ecological production/organic production, Agricultural commodities, Farming, Smallholders/peasants, Contract/agreement, Certification, Enforcement/compliance, Agricultural development, Packaging/labelling, Land tenure, Transfer, Lease, Cadastre/land registration, Drugs, International trade, Animal health, Pesticides

Source: FAO, FAOLEX

Law No. 2321-IX on amendments of some legislative acts.

Legislation | Ukraine | 2022

Keyword: Forest management/forest conservation, Public forest, Private forest, Afforestation/reforestation, Forest species, Protected area, Soil conservation/soil improvement, Local government, Classification/declassification, Business/industry/corporations, Land tenure, Public land, Private land, Agricultural land, Farming, Land-use planning, Agricultural development

Source: FAO, FAOLEX

Law No. 1989-IX amending some legislative acts on stimulating the development of viticulture and horticulture.

Legislation | Ukraine | 2021

Keyword: Land tenure, Lease, Agricultural land, Contract/agreement, Viticulture/oenological practices, Fruits/edible nuts

Source: FAO, FAOLEX

Law No. 2178-10 “On Amendments to Some Legislative Acts of Ukraine on Transactions with Agricultural Land”.

Legislation | Ukraine | 2020

Keyword: Agricultural land, Private land, Public land, Business/industry/corporations, Farming, Data collection/reporting, Access-to-information, Agricultural development, Ownership, Lease, Land valuation, Cadastre/land registration

Source: FAO, FAOLEX