On 4/7/2022, the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine on Facilitating Food Safety During Martial Law” became valid.
Key provisions of the Law:
1. Renewal of the relevant agreements without parties’ will for one year, without entering the details on agreement renewal to the State Register of Rights to Real Estate regarding the lease, sublease, emphyteusis, superficies, and land servitude agreements with the relevant term for land use having expired after the martial law was imposed and related to agricultural land plots.
2. District military administration shall transfer the agricultural land plots of the state, communal, and collective ownership forms, non-allocated and non-demanded land plots, and land shares for lease for the purpose of agricultural goods production on the following conditions:
• the lease term shall not exceed one year;
• the rent shall not exceed 8 % of the rated monetary assessment of the land plot;
• certain limitations shall be set for the land plot lessees: compensation of own expenses for the land plot improvement; renewal of the land lease agreement and concluding the land lease agreement for the new term applying the priority lessee’s right; transferring the land plot to sublease; establishment of the land servitude; change of the purpose of the land plot; building of real estate items (buildings, structures) on the land plot; planting perennial plantations on the land plot etc.;
• the land plot lease agreement shall be concluded only in the soft copy and shall be registered by the military administration. The lease right shall not be entered to the register;
• the land plot shall be transferred to lease without the land tender;
• the military administration shall form the land plot to transfer it to lease without entering the data on this land plot to the State Land Cadaster and assigning a cadaster number for it;
• the land lease agreement concluded by the military administration shall not be renewed or concluded for the new term and shall be terminated after the expiry of its term;
3. It shall be prohibited to make the state and communal land private free of charge, to give permits for land development documentation preparation for the purpose of such transfer free of charge, or to prepare such documentation;
4. No land tenders for lease rights, emphyteusis, and superficies shall be conducted for agricultural land plots of state and communal ownership forms;
5. the lessees and sublessees of agricultural land plots of all ownership forms can transfer the lease and sublease rights they own to third parties for up to one year pertaining to the use of the land plot under the designated purpose, without registering this right but subject to registration of the agreement by the military administration;
6. users of land plots of state and communal forms of ownership holding the permanent use right and emphyteusis shall be entitled to lease them for up to one year.