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

Country/Territory
Ukraine
Document type
Legislation
Date
2022
Source
FAO, FAOLEX
Subject
Forestry, Land & soil
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
Geographical area
Black Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia
Entry into force notes
This Law enters into force the day after the date of its official publication.
Abstract

Land Code (No. 2768-III of 2001) shall be amended in relation to the change of specific use of land plots pertaining to public and municipal property, assigned to the categories of land for residential and public development, land for industry, transport, communications, energy, defense and other purposes, as well as land plots (except for land plots located in the territories, properties of the nature reserve fund, and land plots for forestry purposes), on which buildings and structures are located, which are privately owned by the land user, who uses the land plots with the rights of permanent use, lease, emphyteusis, superficies, may be carried out by the land user. Land suitable for agriculture (except self-forested land) should be provided primarily for the following purposes: (a) farming; (b) forest management; (c) constitution of protected areas. Forestry is authorized on land of all categories in compliance with the requirements regarding the use of the land plot for its intended purpose. Natural persons and legal entities have the right to classify land plots (including self-forested ones) owned by them and belonging to all categories of land (except for nature reserve and other nature conservation land) as forestry lands, as well as to perform forestry on them. A self-forested plot is a plot of land of any category of land (except for land for forestry purposes, nature reserves and other nature protection purposes) with an area of more than 0.5 hectares, partially or completely covered with forest vegetation, the afforestation of which occurred naturally. Forest Code (No.3852-XII of 1994) shall be amended in relation to public forest concept, in particular as regards inclusion of all forests on the territory of Ukraine, regardless of the land categories on which they grow according to the main purpose, and regardless of the ownership right to them, including forest plots, linear protective plantations with an area of at least 0.1 hectares, other forested areas. Natural persons and legal entities may, in accordance with the procedure established by law, acquire land plots for afforestation, and may also own forests constituted by afforestation on acquired ownership in land plots according to the procedure established by law, as well as self-forested plots on land plots acquired in accordance with the procedure established by law. Forest management is authorized on land of all categories in compliance with the requirements regarding the use of the land plot for its intended purpose. The rights and obligations of permanent forest users and forest owners in accordance with Forest Code and other laws apply to enterprises, institutions, organizations of all forms of ownership that use or own forests on land of all categories. Afforestation is carried out by cultivating forest species or by promoting natural regeneration on lands suitable for creating forests that are not covered by forest vegetation. Afforestation can be carried out on land of all categories in compliance with the requirements regarding the use of the land plot for its intended purpose. Law No. 962-IV “On land protection” shall be amended in relation to changing hayfields, pastures and fallows to other land categories within the boundaries of agricultural land plots of state and communal property, transferred for use under the terms of lease, emphyteusis, which is prohibited. This requirement does not apply to the change of land plots of agricultural plots of state and communal ownership, the right of lease, emphyteusis in respect of which arose before the entry into force of this amendment. Conservation shall be applicable to: (a) land plots used in violation of the requirements for the protection of land against erosion and landslides; (b) arable land, which has one of the indicators that characterizes soil properties and determines the need for land conservation according to natural-agricultural zones; (c) degraded land, unproductive land that do not have steppe, meadow, forest vegetation, the economic use of which is ecologically dangerous and economically inefficient, as well as technogenically polluted land plots on which it is impossible to obtain ecologically clean products, and the presence of people on these land plots is dangerous for their health; and (d) other degraded and unproductive lands.

Full text
Ukrainian
Website
zakon.rada.gov.ua

References - Legislation

Amends

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

Legislation | Ukraine | 2001 (2020)

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

Source: FAO, FAOLEX

Forest Code (No.3852-XII of 1994).

Legislation | Ukraine | 1994 (2019)

Keyword: Framework law, Public forest, Private forest, Protection forest, Afforestation/reforestation, Forest service/forest officers, Forest management/forest conservation, Offences/penalties, Registration, Dispute settlement

Source: FAO, FAOLEX

Law No. 962-IV “On land protection”.

Legislation | Ukraine | 2003 (2017)

Keyword: Agricultural land, Soil conservation/soil improvement, Land-use planning, Public participation, Soil rehabilitation, Subsidy/incentive, Offences/penalties, Land tenure, Basic legislation

Source: FAO, FAOLEX