LAW OF UKRAINE On Land Lease

Article 1. Land lease

Land lease – is based on a contract string paid possession and use of land necessary for the tenant business and other activities.

Article 2. Legal basis of land lease

Relations associated with the lease of land shall be regulated by the Land Code of Ukraine , Civil Code of Ukraine , this Law and the laws of Ukraine, other legal acts adopted pursuant thereto, as well as land lease agreement.

Relations associated with the lease of land, which are integral property complexes of enterprises, institutions and organizations, state or municipal property, and based on the property that belongs to the Autonomous Republic of Crimea, and their departments are regulated by this Act with the specifications provided for by the Law of Ukraine “On Lease of State and Municipal Property” .

Article 3. Objects of land lease

The objects are renting land plots owned by citizens, legal entities, municipal or state ownership.

Part two of Article 3 possible

(According to the Law of Ukraine
from 05.11.2009 p. N 1702-VI)

Article 4. Landlords land

Lessors of land are citizens and legal entities which are owned land, or authorized persons.

Lessors of land that are owned, are rural, village and city councils within the authority established by law.

Lessors of land that are jointly owned by local communities, municipalities, regional councils and the Verkhovna Rada of the Autonomous Republic of Crimea within the authority established by law.

Lessors of lands owned by the state, is the executive power under the law transfer land ownership or use.

(Article 4 in the amended
Law of Ukraine of 06.09.2012 p. N 5245-VI)

Article 5. tenants

Renting the land are legal or natural persons who under the lease shall be entitled to possession and use of land.

The lessee of land may be:

a) district, regional, Kyiv and Sevastopol city state administrations, Council of Ministers of Crimea and the Cabinet of Ministers of Ukraine within the authority established by law;

b) village, town, city, district and regional councils, the Supreme Council of the Autonomous Republic of Crimea within the authority established by law;

a) citizens and legal entities of Ukraine, foreigners and stateless persons, foreign legal entities, international associations and organizations, and foreign governments.

Article 6. The right to lease land

Tenants acquire the right to lease the land on the grounds and in the manner prescribed by the Land Code of Ukraine , Civil Code of Ukraine , this and other laws of Ukraine and land lease agreements.

(Article 6 as amended
according to the Law of Ukraine on 11.06.2009. N 1509-VI)

When acquiring the right to lease the land on competitive basis for the conclusion of the lease are the results of the auction.

(Article 6 as amended
according to the Law of Ukraine on 28.12.2007. N 107-VI)

(Article 6, as revised
Law of Ukraine of 03.06.2008. N 309-VI)

In the event of early termination of the lease of land at the initiative of the lessor of land (except for early termination of the lease at the failure of the tenant of his duties), the lease of which was obtained by Auction, landlord tenant reimburses the cost of its acquisition in terms defined terms of the contract and the law, and damages incurred by the tenant as a result of early termination of the lease, unless otherwise provided in the lease agreement.

(Part three of Article 6 as amended
according to the Law of Ukraine on 28.12.2007. N 107-VI)

(Part three of Article 6 edition
Law of Ukraine of 03.06.2008. N 309-VI)

Land, unencumbered collateral may be leased if the consent of the mortgagee.

The right to lease the land subject to state registration under the Act.

(Article 6 was supplemented in accordance with part five
Law of Ukraine of 11.02.2010 p. N 1878-VI)

Article 7. Go right to lease land

The right to lease land goes after the death of an individual – the tenant, unless otherwise provided in the lease agreement, to the heirs, and in case of failure or lack of heirs – to the people who used this land together with the tenant and are willing to become tenants in If it does not conflict with the Land Code of Ukraine and this Law.

In the event of conviction an individual – the tenant to imprisonment or limit its capacity by the court the right to lease the land goes to one of his family members who volunteered and according to the law can become the tenant, and in case of failure or absence those – to those who have used this land with the lessee, with their consent, unless it is contrary to the requirements of the Land Code of Ukraine and this Law.

To the person who transferred the ownership of a house, building or structure located on leased land, and goes right to lease this land. Agreement providing for the acquisition of ownership of a house, building or structure, terminated the lease of land in the lease of the previous tenant of the land on which is located a house, building or structure.

(Article 7 is supplemented in accordance with part three
Law of Ukraine of 05.11.2009 p. N 1702-VI)

Article 8. Sublease of land

Leased land or part of it can be transmitted tenant to sublease without changing the purpose if required by the lease agreement or by written consent of the lessor. If within one month, the landlord does not send a written notice of its consent or objection leased land or part of it may be transferred to sublease.

Terms of the contract sublease land should be limited to the terms of the lease of land and not contradict him.

Term sublease may not exceed the period specified land lease agreement.

In the event of termination of the lease contract of sublease land ceases.

Land sublease contract subject to state registration.

The parties sublease land notarized.

Transfer to sublease the land on which are integral property complexes of enterprises, institutions and organizations, state or municipal property, and based on the property that belongs to the Autonomous Republic of Crimea, and their divisions prohibited.

Tenants of agricultural land for the period of the lease can share them with adequate land use rights by entering into a sublease agreements between the relevant parts, if required by the lease agreement or by written consent of the lessor.

Article 8 1. Alienation tenant the right to lease land state or municipal property

The right to lease land state or municipal property can not be alienated by the lessee of other persons included in the share capital, pledged, other than provided for by this Article occasions.

The right to lease land state or municipal property provided for building a house can be alienated by the lessee with the consent of the landlord if the building is started, the terms and conditions specified by the original lease agreement, or if the exclusion provided original lease agreement .

Tenant that he intends to alienate the lease of land with the consent of the lessor shall submit in person or sent by registered mail to the lessor a statement.

The lessor within one month from the date of receipt of the application gives the tenant written consent to the alienation of land lease or motivated refusal to grant such consent.

If this article within the set deadline landlord did not give consent to the alienation of land lease or motivated denial of its provision, the tenant may alienate the lease of land within ten working days of the end of such period.

Alienated leasehold land subject to state registration in accordance with law.

(Law supplemented Article 8 1 according to the
Law of Ukraine of 03.06.2008. N 309-VI ,
Article 8 1 edition of the Laws of Ukraine
from 16.09.2008 g. N 509-VI ,
from 05.07.2012 p. N 5059-VI)

Article 9. Priority right tenant for leased land ownership

The tenant, which under the law can own the leased land, the preemptive right to purchase of the land in case of sale of land, provided that he pays the price at which it is sold, and in the event of a sale at auction – if its offer is equal to the proposal, which is the largest of the proposed bidders.

The lessor shall notify the tenant in writing of the intention to sell a plot of land to a third party indicating its price and other terms on which it is sold .

(Article 9 amended
according to the Law of Ukraine 16.09.2008 g. N 509-VI)

The failure of the tenant from its pre-emptive right to purchase the leased land to the new owner of such land transferred the rights and obligations of the lessor under the lease of the land.

(Article 9 amended in accordance with the
Law of Ukraine of 28.12.2007. N 107-VI,
The Constitutional Court of Ukraine
from 22.05.2008 g. N 10-rp / 2008 ,
in the Law of Ukraine
on 03.06.2008. N 309-VI)

Not allowed exclusion of leased land state or municipal property without consent of the tenant.

(Article 9 is supplemented in accordance with part four
Law of Ukraine of 16.09.2008 p. N 509-VI ,
Part four in the wording of Article 9
Law of Ukraine of 05.11.2009 p. N 1702-VI ,
amended in accordance with the
Law of Ukraine of 02.12.2015 p. N 191-VIII)

The lessee may acquire land that is leased by the consent of the landlord to sell this land.

(Article 9 is supplemented in accordance with part five
Law of Ukraine of 16.09.2008 p. N 509-VI)

Article 10. Rights of third parties on leased land plot

Lease of land is not a ground for termination or change restrictions (encumbrances) and other rights of third parties on this land.

Article 11. The risk of accidental destruction or damage to the rented object

The risk of accidental destruction or damage to the rented object is the lessor, unless otherwise provided by the contract of lease of land.

If the landlord or tenant delay set by the contract land lease terms transfer of the lease risk of accidental destruction or damage in this period is the party that allowed the delay in transmission.

Article 12. Insurance object rent

The object is leased may be insured for the period of the lease of land by agreement in accordance with the laws of Ukraine.

In case of default of its obligation by the party under the agreement must land lease facility to insure the lease, the other party can insure it and request the other party reimbursement for insurance.

Section II. Lease of land

Article 13. The concept of a land lease

Land lease agreement – a contract by which a landlord must apply for transfer landholder in the possession and use for a certain period and the Tenant shall use a plot of land in accordance with the terms of the contract and the requirements of land legislation.

Article 14. The form of land lease agreement

Land lease agreement executed in writing and at the request of one party may be certified by a notary.

The standard form of land lease agreement approved by the Cabinet of Ministers of Ukraine.

Article 15. Terms of the lease of land

The essential terms of the contract of lease of land are:

facility rental (cadastral number, location and size of land);

term of the lease;

rent specifying its size, indexing method and settlement conditions, terms, order of introduction and revision and liability for its failure to pay.

The parties in the lease of land may indicate other conditions.

If the land lease agreement provides for measures aimed at protecting and improving the rented object, attached to the contract agreement the tenant for reimbursement of expenses for such events.

The lease may include renting of several land plots owned by a landlord (and in respect of state and municipal property – land, being in possession of one of the executive authority or local government).

(Article 15 as amended in accordance with the
Law of Ukraine of 16.09.2008 p. N 509-VI,
from 09.07.2010 p. N 2480-VI,
from 07.07.2011 p. N 3613-VI ,
in the Law of Ukraine
from 12.02.2015 g. N 191-VIII)

Article 16. The order of the land lease agreement

The conclusion of the lease land from private ownership of land is carried out with the consent of the landlord and the person entitled by law to acquire the lease of such land.

The conclusion of the lease of land plots from state or municipal property on the basis of decision of the relevant executive authority or local authority – the landlord accepted in the manner prescribed by the Land Code of Ukraine , or the results of the auction.

The conclusion of the lease land can be made ​​on the basis of a civil contract or by inheritance.

(Article 16 as amended by Act
Ukraine from 28.12.2007. N 107-VI)

Lessee as prescribed by law is entitled to require leased land with any unlawful possession and use, to remove obstacles to use her damages caused plot citizens and legal entities of Ukraine, foreigners, stateless persons, foreign legal entities, in including international associations and organizations.

Compensation landlord losses caused by the tenant should be reduced if the tenant intentionally or through negligence caused the increase in the size of losses due to non-performance or improper performance of the contract or the landlord failed to take measures to reduce them.

Article 28. Damages caused by the tenant

The tenant is entitled to recover damages incurred as a result of failure Landlord conditions specified land lease agreement.

Losses are:

actual losses that the tenant suffered due to failure or improper performance of the Landlord and expenses that the tenant has made or should be taken to restore their violated rights;

income that the tenant could really get good performance when the landlord of the contract.

The size of the actual costs of the lessee is determined on the basis of documented data.

If the tenant actions not provided the lease agreement, which led to a change in state land, the costs incurred by the lessor are non-refundable.

If the tenant the written consent of the lessor leased land improvement at its own expense landlord is obliged to compensate for its improvement, unless otherwise provided in the lease agreement.

Implemented by the lessee without the consent of the landlord costs to improve leased land, which can not be separated without causing damage to the site, are non-refundable.

The tenant is entitled to retain made it on their own account benefits from the leased land improvement if these improvements can be separated without causing damage to land.

Article 29. Damages due to changes in the state leased land

In case of deterioration tenant useful properties leased land associated with the change in her condition, the landlord is entitled to damages.

Any damage caused to third parties in connection with the use landholder shall be reimbursed by the lessee on a general basis.

Dimensions losses are determined by the parties to the lease. If no agreement by the parties on the amount of damages dispute resolved in court.

Section V. Changes suspend and restore land leases

30. Changing the terms of the lease of land

Changing the terms of the lease of land is made by mutual consent.

If no agreement on changing the conditions of the land lease dispute resolved in court.

Article 31. Termination of lease of land

The lease of land is derecognised when:

the term for which it was concluded;

redemption of land for public purposes and expropriation of land with public requirements in the manner prescribed by law;

combining into one land owner and tenant;

the death of an individual – the tenant, his conviction to imprisonment and denial of persons referred to in Article 7 of this Law to perform signed contract to lease the land;

liquidation of the legal entity – lessee ;

alienation of land lease mortgagee ;

(Article 31, paragraph seven supplemented
according to the Law of Ukraine of 16.09.2008 p. N 509-VI)

acquisition of ownership of a house, building or structure located on leased land plot another person ;

(Article 31, paragraph eight supplemented
according to the Law of Ukraine of 05.11.2009 p. N 1702-VI)

termination of the contract entered into under the public private partnership (on land lease agreements concluded in the framework of the partnership).

(Article 31, paragraph nine supplemented
according to the Law of Ukraine of 01.07.2010. N 2404-VI)

The lease land ceases in other cases provided by law.

Land lease agreement may be terminated by mutual consent. At the request of either party lease can be terminated early by the court in the manner prescribed by law.

Termination of the lease of land unilaterally is not allowed, unless otherwise provided by law or this contract.

Article 32. Termination of the lease of land by its dissolution

At the request of either party land lease agreement can be terminated early by the court in case the parties obligations under Articles 24 and 25 of this Law and the terms of the contract, in the event of accidental destruction of or damage to the rented object, which hampers specified in the contract use of land, and for the reasons set out by the Land Code of Ukraine and other laws of Ukraine.

In the event of termination of the lease of land at the initiative of the tenant landlord is entitled to receive the rent on agricultural land for six months, and on non-agricultural land – a year if during this period were received suggestions from others on the conclusion of the lease of the same land areas under the same conditions, except when terminating the contract was due to non-fulfillment or improper fulfillment of contractual obligations by the lessor.

In the event of termination of the lease of land by agreement of the parties, each party has the right to require the other party compensation for damages under the law.

Transfer of ownership of the leased land to another person, and the reorganization of the legal entity – the tenant is not a reason to change the terms or termination of the contract, unless otherwise provided by the contract of lease of land.

Article 32 1 . Termination of the lease of land state or municipal property as necessary to provide it for public use

The lease land state or municipal property may be terminated in the event of a decision on the use of land for the placement of objects specified by the first paragraph of Article 7 of the Law of Ukraine “On the alienation of land and other immovable property located thereon, which are privately owned, for public needs or social necessity “ .

If the decision to use for public purposes only of land can be made about the allocation of such requirement of a separate land and termination of the lease.

A request for termination of the lease referred to in the second part of this article may be required by executive authorities, local authorities empowered to provide land for public purposes in accordance with Article 122 of the Land Code of Ukraine and one of the parties to this agreement.

Termination of the lease of land in the manner specified in this Article shall be allowed if the items are intended to be placed on land can not be put on another plot or the placement of objects on other land areas will cause significant property damage or cause adverse environmental consequences for the local community, or society as a whole.

Termination of the lease of land in the event of a decision to grant it for public use is subject to full compensation to the lessee and third party damage caused by this, including costs associated with the allocation of land in a separate plot of land and signing the rental agreement.

If no agreement the parties agree on the termination of the lease land dispute resolved in court.

In addressing the executive body of the local government on the use of land state or municipal property that is leased for public use shall include:

area, location of land or part thereof, cadastral number of land (if any);

land leases, subject to termination;

social needs, to meet which the termination of leases of land;

the person to whom the termination of the lease is transferred plot of land to meet social needs, the definition of terms such transfer.

(Article 32 of the Law was supplemented with 1 according to the
Law of Ukraine of 05.07.2012 p. N 5070-VI)

Article 33. Renewal of lease of land

At the end of the period for which it was concluded land lease agreement, the tenant who properly served under the contract, the preemptive right to others to conclude a land lease agreement for a new term (renewal of land lease agreement).

The tenant who wishes to exercise preferential right to conclude a land lease agreement for a new term, must notify the landlord before the expiry of the term of the lease of land within the period specified hereunder, but not later than one month before the expiry of the lease of land.

By letter of notice to renew the lease land tenant design adds additional agreement.

With the resumption of its land lease conditions may be modified by mutual consent. If no agreement on the rent and other essential terms of the contract the lessee a preferential right to conclude a land lease agreement is terminated.

Landlord within a month considering the tenant sent a notification letter to the draft supplementary agreement, checks it for compliance with the law, agrees with the tenant (if necessary) the essential terms of the contract and, in the absence of objections, decides to renew the lease of land (on land and state municipal property), concludes with the tenant an additional agreement to renew the lease of land. If objections landlord to renew the lease land tenant sent a letter of notification of the decision by the lessor.

If the tenant continues to use the land at the end of the lease term and the absence within one month after the end of the contract the landlord a letter of notification of denial of renewal of the lease of land a contract is renewed for the same term and under the same conditions as under the contract. In this case, the conclusion of a supplementary agreement to renew the lease of land is carried out:

owner of the land (on privately owned land);

authorized by the head of executive authority or local authority decision without executive authority or local government to renew the lease of land (about state- or municipal property).

The head of the executive authority or local government, which is authorized to sign an additional agreement to lease land on land state or municipal property, determined by the decision of this body.

Additional agreement to lease land on its renewal must be signed by the parties within one month without fail.

Denial and delay available in additional contract to lease land can be challenged in court.

If you change the border or the purpose of land lease land renovation carried out in order to obtain land for lease.

(Article 33 as amended by Act
of Ukraine of 17.02.2011 p. N 3038-VI)

Article 34. Consequences of suspension or termination of the lease of land

In the event of termination or termination of the lease land tenant the landlord must return the land on the conditions specified by the contract. The tenant has no right to hold land for their claims to the lessor.

In case of default by the lessee obligation to return conditions landlord land lessee is obliged to compensate the lessor damages.

Section VI. CONSIDERATION OF DISPUTES AND RESPONSIBILITY OF THE PARTIES defaults on land leases

Article 35. Consideration of disputes related to land leases

Disputes relating to the lease of land shall be settled in court.

Article 36. Responsibility for non-compliance of the parties to the contract of lease of land

In the event of default under the lease of land party liable under the law and the contract.

Landlord is responsible for the shortcomings of leased land that did not provide the lease agreement and prevent the use of land under the contract. In the event of such shortcomings tenant may require:

reduction of rent or reimbursement for deficiencies;

deduction of rent a certain amount of their spending to address these shortcomings with prior notice to the landlord about it;

early termination of the contract.

Landlord shall not be liable for the consequences associated with impaired leased land, if any deficiencies are caused by the lease agreement.

Section VII. INTERNATIONAL AGREEMENTS

Article 37. International Treaties

If an international agreement ratified by the Verkhovna Rada of Ukraine establishes rules other than those contained in this Act, the rules of international treaty.

Section VIII. MISCELLANEOUS

1. This Act shall take effect from the date of publication.

Part two, three and four of Article 4 shall take effect after differentiation according to the law of state and municipal property.

By differentiation according to the law of state and municipal property lessors of land within settlements, except land transferred to private ownership, is the village, town and city councils, and outside of the place – the relevant line within the powers defined Land Code of Ukraine .

2. The Cabinet of Ministers of Ukraine within one month from the date of enactment of this Act:

bring its regulations into conformity with this Act;

develop and adopt a standard form lease land ;

provide revision and cancellation by ministries and other central executive authorities of their normative acts that contradict this Law.

Section IX. TRANSITIONAL PROVISIONS

Citizens – holders of certificates for the right to land (share) to be allocated to them in kind (on the ground) of land have the right to enter into lease agreements of agricultural land, the location of which is determined by the requirements of rational organization of territory and compact land use in accordance with these certificates in compliance with this law.

After selection in nature (on ground) land owners of land shares (shares) lease land pereukladayetsya according to the state certificate of title to land under the same conditions as previously concluded, and can be changed only by mutual consent. Termination of the lease may only be defined by this Law.

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