Measure
2.5.9.1.3.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law providing for the possibility of:
1) a state enterprise that has perpetual tenancy over agricultural land plots independently leasing out some of its land plots exclusively through an auction, without suspending its perpetual tenancy right;
2) transformation of a state enterprise that has perpetual tenancy over land plots measuring over 100 hectares into a limited liability company 100 percent of whose authorized capital stock (equity) belongs to the state, with the land plots to be leased out to the newly formed enterprise without holding an auction, with the possibility of subleasing such land plots exclusively through an auction.
Measure status:
Actual execution date:
27.07.2023
The measure is aimed at achieving ESR:
2.5.9.1. The powers to dispose of state-owned land, control the use and protection of land, regulate land management, and maintain the State Land Cadaster are divided between separate agencies
Problem solving:
2.5.9. Excessive concentration of powers within the central executive authority implementing public policy on land relations causes conflicts of interests and massive abuses
Deadlines:
Responsible implementors (authorities):
State Service of Ukraine for Geodesy, Cartography and Cadastre
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft law has been submitted to the Parliament of Ukraine.
Implementing status
Progress/Result of implementation:
The Law of Ukraine On Amendments to Certain Legislative Acts of Ukraine on Increasing the Efficiency of Use of State-Owned Agricultural Lands (Registered No. 3272-IX of July 27, 2023) entered into force on September 03, 2023. The changes proposed by this Law meet the requirements of the State Anti-Corruption Program:
- Part 2 of Article 127 of the Land Code of Ukraine in the new version introduced by the Law provides that the sale of land plots of state or municipal property and the acquisition of rights to use them (lease, superficies, emphyteusis), as well as the subleasing by a joint-stock company, a limited liability company, 100 percent of the shares (stakes) in the authorized capital stock of which belongs to the state, which was formed as a result of the transformation of a state-owned enterprise, of state-owned land plots, that were leased to the specified commercial companies in accordance with Article 120-1 of the Code, are conducted on a competitive basis (at land auctions in the form of an electronic auction) in cases and in accordance with the procedure established by Chapter 21 of the Code. These provisions meet the requirements of point 1 of the measure.
- Article 120-1, which was added to the Land Code of Ukraine, provides for the peculiarities of the transfer of the right to a land plot in case of the transformation of a state-owned enterprise into a joint-stock company, a limited liability company, 100 percent of the shares (stakes) in the authorized capital stock of which belong to the state, and also provides that such state-owned land plot is leased to the enterprise for 50 years. In addition, Part 1 of Article 134 of the Land Code of Ukraine is supplemented by the second paragraph, which defines the possibility of subleasing state-owned land plots, that are leased by a joint-stock company, a limited liability company, 100 percent of the shares (stakes) in the authorized capital stock of which belong to the state, which was formed as a result of the transformation of a state-owned enterprise, in whose permanent use such land plots were, exclusively at land auctions. The provisions of these articles meet the requirements of point 2 of the measure.