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We are not afraid of a moratorium. Top-5 schemes of taking possession of agricultural land

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20.10.2017

While the IMF does not insist on the immediate opening of a land market, and Ukrainian officials ponder the next version of land reform, farmers do not lose time in vain. The agricultural market saw a major absorption, fictitious transactions, hostile takeovers and provocations. In the processes of all involved - farmers, landowners, owners of agricultural enterprises and front companies-strip. According to the Ministry of justice, cases of land raiders recorded in almost all regions. But often farmers have used the legal scheme of appropriation of land.

LIGA.net has identified five basic techniques, which is used by agricultural companies for the purchase of the securities selhozarteli, the sale of which is prohibited by law.

PAYLOAD

The moratorium on land sales in Ukraine introduced in 2002. It provides for the ban of sale of agricultural land of state and communal property, in addition to redemption for public needs. There are other taboo: the purchase and sale and change of use of these land plots owned by citizens and legal entities for conducting a commodity agricultural production; sale and purchase of plots allocated for location, the owners of land shares (Pai) for personal farming, excluding their transfer by inheritance, exchange of land for other land; purchase for public needs, in addition to changing the purpose of land transfer to investors.

Rent for half a century

More recently, the most simple and direct way to obtain the land use has been long term rental. According to the Ukrainian legislation, it is limited to a period of 50 years. But often their work farmers are planning not more than 10 years.

And if the privateers take to put on such a long time is problematic landowners were usually signed short-term contracts of up to five years, with assemname as, for example, the National Academy of agrarian Sciences, option of half a century of rent - quite possible.

Now the situation is more complicated. To legally enter into a lease of agricultural land without an auction is impossible. However, the agreement, which was concluded earlier and which are valid today, nobody cancels.

The contract of emphyteusis

The right to lease plots of land to farmers now is not impressive. After all, if the market opens sale of farmland, the probability that the earth will have a new owner, is quite high. To avoid such a scenario, many have resorted to the conclusion of the contract of emphyteusis.

This compound word is actually a synonym of the lease, but has its own characteristics. For example, unlike rent, the contract of emphyteusis does not specify the period of use of the object. Land can be passed, in use at 100, 200 and more years, whereas rent may not exceed 50.

In addition, the user of the land under the contract of emphyteusis, unlike the tenant, does not pay monthly for the use of the allotment. It often happens that the owner receives the full amount for 100 and more years from that subsequently minimizes the interaction with the new user-land.

Bogus exchange

To circumvent the moratorium can be simply exchanged assets. That is, signing a contract of exchange of land, it is possible to change not only the presence region, but also to choose a more fertile soil, the logistics convenient location of the plots. Or even bartering land on the mainland Ukraine to the area on the uncontrolled territory.

Definitely wins here the one who initiated the exchange. However, the former owner of valuable acres is not for nothing. In such transactions, the former owners get a good "reward". However, he does not pay tax for actual closed deal. Win and the state Registrar, which contribute to the inventory, these changes are often fixtunes or just formal contracts.

The first Deputy Minister of agrarian policy Maxim Martyniuk said recently that access to the inventory will soon be restricted - it is already transferred on the blockchain.

Buying a gift

Did you know that every Ukrainian can receive from the state allotment area of 2 hectares for processing and homemaking? The moratorium on the allocation of no. That is, formally, the farmer could be anyone, but realize their constitutional right unit. Why? Because the area of land that would be help for many, was reduced to a minimum many years ago. A scheme by which zemuchastki distributed to the right people, thrives today. A striking example is the allocation of land to combatants in the East of Ukraine. To these veterans, they almost do not reach.

How the circuit works? Agricultural company who wanted an extension that promises to help with the allocation of land, collects statements from people willing to and assumes all the hassle of land acquisition. But works with government agencies and officials on behalf of applicants. They allocate land. But to use and process it, after paying to the applicant not mentioned in the acts on the ground people, and the company accompanying the receipt of these documents.

Even better this scheme works on the "dead souls" - when the applicants are either not available at all, or they are dead or alive, but not even aware of the speculation on his behalf.

Земля рынок.jpg

Give in pledge

There is another way to obtain land in the property settlement debt. For this scheme the owner put on creates to the interested person a fictitious debt. The key to it is the zemuchastka. It confirms receipt or notarized loan agreement. After a few months, when the debt is overdue, a "lender" goes to court and asks to collect the debt from the debtor by crediting the Deposit account of debt. As a result, the judge makes a decision on the transfer of the property of the lender pseudocoloring share in the repayment of debt. After that, on the basis of documents of the state Registrar, notary, or other authorized person in the case of bloccano can change the owner of the land in the Registry of property rights.

Source:http: biz.liga.net

 

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