The Cabinet of Ministers adjusted the Model Land Lease Agreement
By its Resolution No. 235 dated 01.03.2024, the Cabinet of Ministers adopted decisions that will affect landowners and users. Thus, the government has amended:
♦ the Model Land Lease Agreement approved by the Resolution of the Cabinet of Ministers of Ukraine No. 220 dated 03.03.2004,
♦ Resolution of the Cabinet of Ministers of Ukraine No. 1013 dated 22.09.2021 "Some issues of preparation for and conduct of land auctions for the sale of land plots and acquisition of rights to use them (lease, superficies, emphyteusis)" and to
♦ The Procedure for Land Conservation, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 35 dated January 19, 2022.
The purpose of the amendments is to bring the said legal acts in line with the requirements of the Land Code of Ukraine, the Laws of Ukraine "On Land Protection" and "On Land Lease", taking into account the amendments made by the Laws of Ukraine No. 3050-IX dated 11.04.2023 and No. 3272-IX dated 27.07.2023.
In particular, the Model Land Lease Agreement stipulates that in case of lease of a state-owned land plot (land plots) to a joint-stock company or limited liability company with 100% of shares (stakes) in the authorized capital owned by the state, which was formed by reorganization of such state-owned enterprise and is its successor, the term of the land lease agreement is 50 years .
In this case, the amount of the lease payment will be not less than 12% of the normative monetary value of the land plot or not less than 12% of the normative monetary value of a unit of arable land in the Autonomous Republic of Crimea or region, if the normative monetary value of the land plot has not been carried out.
The Land Conservation Procedure adds to the list of land plots subject to conservation land plots contaminated with chemicals as a result of emergencies and/or armed aggression and hostilities during martial law, as well as land plots on which military engineering and/or fortification structures are located.
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