Presidential Decree No.168/2000 of 2000 “About measures on development and regulation of the market of grounds of the occupied items, other grounds of non agricultural assignment.”

THE DECREE OF THE PRESIDENT OF UKRAINE About measures on development and regulation of the market of grounds of the occupied it other grounds of not agricultural assignment With the purpose of maintenance of realization of the property rights on ground of the citizens, legal persons acceleration of becoming and effective regulation of the market of grounds of the occupied items, other grounds of not assignment, engaging of the investments for development of the occupied items, increase of receipts in the budget I O 1. To approve of the Basic directions of development and regulation of the market grounds of the occupied item grounds of not agricultural assignment (increase). 2. To establish, that: The bodies of the executive authority in borders of authorities determined by the legislation provide transfer of the land lots of not agricultural assignment for accomplishment of enterprise activity in the property persons of Ukraine and citizens of Ukraine mainly by sale of these plots; Since 2000, annually in the project of the Law " About a public Finance of Ukraine "of separate rank supposes receipt of means from sale from a state ownership of t of not agricultural assignment at a rate of not of smaller one percent of the shown budget of Ukraine. 3.To the Cabinet of Ministers of Ukraine: 1) To provide in the Program of activity of the Cabinet of Ministers of Ukraine the development in 2000 - 2004 of the legal acts directed on realization of the Basic directions of development and regulation of the market of grounds o items, other grounds of not agricultural assignment; 2) to make an active work with committees and factions Supreme the Ukraines concerning acceleration of acc parliament of the Laws of Ukraine " About the mortgage ", " About state registration of the rights on a real estate planning and building of territories'' ; 3) to enter, since 2000, order of display by the subjects of enterprise activity in system of the account of their econom cost of the bought land lots and rights on them; 4) to develop during the first half-year of 2000 mechanisms of engaging by the citizens of Ukraine and legal persons o means with the purpose of purchase of the land lots of not agricultural assignment for accomplishment of enterprise accounts for the bought land lots and to supply introduction of the when due hereunder indicated mechanisms, havin distribution of action of the legislation about leasing on the relations, which arise at realization of the property rights lots; entering of the land lots and rights on them to the authorized capitals of the enterprises, and also use by companies of means from issues of the shares for purchase of the land lots and rights on them; engaging of the targ support both development of social sphere and housing сonstructions in the occupied items under the warranties of land lots; using of tools of the stock market for realization of accounts for the bought land lots, except for accounts carried out behind the agreements, one of which parties is the state; using of the rights on the land lots as a subject with which the requests under the loans for consumption (bank loan), credit agreements are provided; 5) to provide when due hereunder of observance of a competitiveness, determination on market bases of the price of land lots of not agricultural assignment transparency of the prices, receipt of means in a public Finance of Ukrain budgets from sale of the indicated land lots from the state and municipal property, collection of a State Tax for certification of the agreements of disposal of the land lots and for realization of public tenders (auctions, tender) with t on the basis of the real price of the land lots; 6) to define during the first half-year of 2000 methods of state regulation of the order disposal of the land lots of not assignment by the citizens of Ukraine and legal persons of Ukraine, which have acquired the property rights to thes owing to their privatization (gratuitous or for the payment), which would provide: completeness and certainty of th information about operations with the land lots; openness of operations on disposal and availability of the information a operations; the certainty of the items of information about the area of the land lot, which is dispsen; completeness o means in the budget from tax payment and assembly (obligatory payments), formation of a market history (info dynamics(changes) of change in time of cost of the land lot) land lots; 7) to take measures concerning formation of an infrastructure of the market of ground of not agricultural assignment, d of business in sphere of granting of professional services in this market; 8) to supply display, since 2000, in the statistical given information on privatization and market turn-over of the land agricultural assignment; 9) annually at preparation of the project of the State program of privatization to define the lists of objects, which are ex privatizating together with the land lots, and also the list of the land lots, on which disposed privatizated objects, an these lists to local state administrations and bodies of a local government. 4. Ministerial council of Independent Republic of Crimea, regional, Kiev and Sevastopol urban and regional state adm with engaging when due hereunder of bodies of a local government: to provide equal possibilities to the citizens of U legal persons of Ukraine concerning a finding of the property rights and other rights to the land lots, and also foreign legal persons concerning a finding of the right on the lease of the land lots; To provide legal and natural persons of a condition for a structure of objects of a real estate on investment attractive including by sale of the land lots of not agricultural assignment or granting them on hire basis on competitive bases; d 2002 years to develop local rules of building of investment attractive territories with definition(determination) of th conditions of use of the land lots of not agricultural purpose(assignment); to conduct in 2000-2001 years inventory of land lots of not agricultural assignment, land lots with decayed building polluted land lots, which are in use of the ente two years are not used by them more than, and to use when due hereunder of measures on engaging them to a marke to define the lists and to supplythe notification of the information concerning a site, characteristic, possible directions of use and initial price of the land lots, which inventory is conducted, for sale them f ownership on competitive bases; to define in the first half-year of 2000 the land lots of not agricultural assignment subject To prime sale, and to supply an openness of the information concerning their site, possible directions of use and ter Since 2000, annually with allowance for town-planning and land-use of the documentation given of the state land develop the plans privatization of the land lots of not agricultural assignment and to provide the appropriate receipts o the local budgets of separate rank ; To supply development of the circuits of privatization of the land lots of not agricultural assignment with the following c the general plans of the occupied items, other town-planning and land use of the documentation with allowance f directions of development and regulation of the market of grounds of the occupied items, other grounds of not assignment. The president of Ukraine L.Kuchma Kiev, February 4, 2000 N 168/2000 APPROVED By the decree of the President of Ukraine From February 4, 2000 N 168/2000 THE BASIC DIRECTIONS Development and regulation of the market grounds of the occupied items, other grounds of not agricultural as 1. General provisions The basic directions of development and regulation of the market grounds of the occupied items, other grounds not assignment (further - Basic directions) is developed according to the Constitution of Ukraine (254k/96-VR), Land code (561-12), other laws of Ukraine and decrees of the President of Ukraine on privatization, regulation of the lan enterprise activity. The basic directions are developed with the purpose of creation of legal, economic and organizational conditions of development of the market of grounds of the occupied items, other grounds of not agricultural assignment (further ground) and its infrastructure directed on maintenance guaranteed Constitution of Ukraine, of the guaranteed to gro citizens, legal persons and state, effective and rational use of grounds, assistance of development of business, impr socio economic state in Ukraine. The development of the market of ground at the present stage provides accomplishment of a complex of measures legal and economic levers of regulation of the market land relations rather: acceleration of privatization of the land lots by the citizens by their gratuitous transfer from state in a private propert persons by sale and purchase (primary market); creation of conditions for a free turn-over of the land lots and rights on them (secondary market). The functioning of the market of ground can be realized on the basis of the social justice, maintenance state, public interests, legitimacy, efficiency, transparency, opennesses, maintenance of the balanced development of the occupied also other territories, protection both rational use of ground and other natural resources. 2. State of development of the market of ground Land reform, realized in Ukraine, is directed on creation of conditions for development of institute of a private property privatization of ground, barracks of the land relations on market bases. Since 1992, in Ukraine the privatization of the land lots by the citizens of Ukraine for individual residential, country construction, management of a personal part-time farm, country (farmer) facilities and other needs(requirements) is r state on January 1, 2000 quantity(amount) of the proprietors of ground and land users evolved up to 22 millions, from mln. The citizens of Ukraine already were privatizated by(with) the land lots by the general area 3,2 mln hectares. Since 1993 the sale of the land lots of not agricultural assignment for accomplishment is begun enterprise activity, main construction of refueling stations, and also on which there are objects of the uncompleted construction. For this time th a local government have accepted the decision on sale more than 1500 land lots on a total sum more than 45 mln griv them at 15 regional centres of Ukraine is sold 143 land lots on a total sum more than 16mln grivna The process of privatization of the land lots of not agricultural assignment was considerably made active after the iss Decree of the President of Ukraine from January 19, 1999 N 32 (32/99) " About sale of the land lots of not agricultural ". During 1999 the bodies of a local government have accepted the decision on sale to the subjects of enterprise Ukraine more than 1 thousand land lots on a total sum close 25 mln grivna. Examples of sale of the land lots, on whic objects of privatization, is in each region. Greatest them in Donetsk and Lvov areas. However process of becoming of the market land relations advances very slowly. For eight years only 60 % of the Ukraine, to what land lots was given in use, have privatizated them. The deadlines of completion of privatization were transferred. In some regions, in particular in cities, other occupied items, the bodies of a local government ignore fulfilment of Ukraine and decrees of the President of Ukraine on privatization of the land lots, which does not assist enga investments and credit resources in a national economy, support of business and housing сonstruction, constant deve the occupied items. Only 3 % of the land lots, on which there are privatizated by the subjects of enterprise activity obj the property of these subjects. Thereof the possibilities of filling of the local budgets, financing are unsufficiently used at the expense of receipt of m privatization of the land lots of the social programs, constructions of objects of social sphere, creation of addition improvements of socio economic development of territories. At the same time sale to the enterprises, other subjects of enterprise activity of the land lots of not agricultural assignm state ownership, which area constitutes close 200 thousand hectares, opens a possibility of engaging in the shown Ukraine more than 50 mld grivna. By the basic reason, which constrains development of the market of ground, there is an imperfect legal maintenance o privatization and sales from a state ownership of the land lots, in particular to subjects of enterprise activity - legal Ukraine, registration of the land lots and rights on them, protection of the rights of the proprietors of ground, limitation categories of grounds, which can be free privatizated by the citizens or sold from a state ownership to the legal perso absent precise definition of the legal regime of grounds of not agricultural assignment in the occupied items and b limits. However process of becoming the market land relations advances very slowly. For eight years only 60 % of the Ukraine, to what land lots was given in use, have privatizated them. The deadlines of completion of privatization were transferred. In some regions, in particular in cities, other occupied items, the bodies of a local government ignore fulfil laws of Ukraine and decrees of the President of Ukraine on privatization of the land lots, which does not assist enga investments and credit resources in a national economy, support of business and housing сonstruction, constant deve the occupied items. Only 3 % of the land lots, on which there are privatizated by the subjects of enterprise activity obj the property of these subjects. Thereof the possibilities of filling of the local budgets, financing are unsufficiently u expense of receipt of means from privatization of the land lots of the social programs, constructions of objects of so creation of additional jobs and improvements of socio economic development of territories. At the same time enterprises, other subjects of enterprise activity of the land lots of not agricultural assignment from a state ownership, constitutes close 200 thousand hectares, opens a possibility of engaging in the shown budget of Ukraine mo mlrd.grivna In Ukraine the unsufficiently advanced finance-legal mechanisms of purchase of the land lots of not agricultural ass accomplishment of enterprise activity and maintenance of a transparency in operation with the land lots in the second is not created conditions for effective functioning of market establishments (land exchanges, land banks, land auc which would be provided with development and functioning of the secondary market of ground, absent authentic and the information on the land lots, their cost, market history (information on dynamics(changes) of change in time of co plot and limitation concerning their use, are absent as well mechanisms of maintenance of completeness of tax pa assembly (obligatory payments) to the budgets and of state target funds, assembly from market deals of ground. Imperfect there is an organization of realization of an expert money estimation of the land lots of not agricultural a Burdening are the procedures of the precedent coordination with bodies of the executive authority and local gov conditions of a structure of objects on the land lots of not agricultural assignment, registration both statement of documentation and receivings of the sanctions on building of these land lots. 3. Basic whole formations, development and regulation of the market of ground In conformity with a strategic rate of formation in Ukraine of bases of socially focused market economy by the basic p formation of the market of ground is: formation of system managing on the basis of equality of all patterns of ownership on ground, development of institute property on ground; maintenance of unobstructed realization by the subjects of enterprise activity of the rights possession, use and order lots of not agricultural assignment with the purpose of increase of their fixed capital and development of enterprise activ improvement of an investment climate in economy, investment and credit appeal of the enterprises by sale to it of the not agricultural assignment; increase of the incomes of a public Finance of Ukraine and local budgets at the expense of receipt of means from sale lots of not agricultural assignment, maintenance of a free turn-over of these land lots and rights on them; maintenance rational and effective utilization of the land lots; increase of a role of social and ecological priorities in use 4. Basic directions of development of the market of ground By the basic directions of development, stable functioning and the regulations of the advanced market of ground are: gratuitous transfer of the land lots of not agricultural assignment to the property to the citizens of Ukraine and sale of lots to the subjects of enterprise activity; formation of an infrastructure of the market of ground, maintenance of its functioning, creation of conditions for develo competitiveness, maintenance of a transparency of operations and reduction of investment hazard in this market; introduction in Ukraine of an effective system of study of supplies and demands, development of management and m the market of ground; maintenance of an estimation of the land lots of not agricultural assignment in market conditions; creation of the mechanism the coordination of private, public, state interests during functioning the market of ground; maintenance of legal protection of the rights of the market participants of ground; improvement of economic, legal bases of the mechanism functioning and regulation of the market of ground, transparent information system for maintenance of functioning and regulation of this 5. Problem from realization of the Basic directions The realization of the Basic directions requires the decision of the appropriate problems, namely: concerning gratuitous transfer of the land lots of not agricultural assignment to the property to the citizens of Ukraine a these land lots to the subjects of enterprise activity: 1) development and improvement of the transparent order of disposal of the land lots of not agricultural assignment an them; 2) granting to the natural and legal persons of a possibility of a choice of the different allowed kinds of functional use lots of not agricultural assignment; 3) development of mechanisms concerning competitive methods of a finding of the property right and right on the l land lots (land auctions, tender, competitions on the building tenancy, accomplishment of the investment projects etc.); 4) improvement of procedures of a finding of the right on building by the proprietors and leasers of the land lots; 5) improvement of organization-legal mechanisms of granting of concessions for construction and exploitation of tra urban engineering infrastructures; 6) determination of features of realization of the property right on ground in the free economic areas and territorie investment development; concerning formation of an infrastructure of the market of ground, maintenance of its functioning, creation of co development of a competitiveness, maintenance of a transparency of operations and reduction of investment haz market: 1) creation of an infrastructure of the market of ground, in particular in structure of land exchanges, land banks and oth credit institutions, maintenance of conditions for formation of the enterprises, establishments, organizations of different ownership, which will grant information, advisory services specialized educational institutions etc.; 2) assistance to creation konsalting and rieltor of the enterprises and databank of supplies and demands in the market 3) creation of the state register of grounds in structure of the state land cadastre; 4) Definition(determination) of the lists and maintenance of the notification of the information concerning acco qualitative characteristic, possible(probable) Directions of use and initial price of the land lots, which inventory is conducted, for sale them from a state ow competitive bases; Concerning introduction in Ukraine of an effective system of study of supplies and demands, development of manag marketing in the market of ground: 1) determination and annual assertion on each occupied item of the list of the land lots for their possible sale and f volumes of receipt of means in the budget from their privatization; 2) creation of marketing firms from service of the market of ground and preparation of the experts from land manageme 3) periodic publication of the items of information about supplies and demands on the land lots, creation for this purpo of necessity special printed body; concerning maintenance of an estimation of the land lots of not agricultural assignment in market conditions: 1) introduction of independent system of an estimation of the land lots of not agricultural assignment, rights on them, a complex with objects of the real estate; 2) creation of mechanisms of maintenance of a transparency of market deals of ground and free access to determ market value of the land lots of not agricultural assignment and rights on them; 3) granting state support concerning preparation and activity of the experts from an expert money estimation of the l service of the market of ground; 4) organizations of state regulation of activity of the natural and legal persons, which carry out an expert money estim land lots (licensing, certification, certification etc.); concerning creation of the mechanism the coordination of private, public, state interests during functioning the market o 1) improvement of the mechanism of the compulsory repayment of the land lots for state and public needs; 2) introduction of system of public discussion of the investment projects of development of an infrastructure and territories; 3) organization of development of the local rules of building most investment attractive territories with determination directions of use of the land lots of not agricultural assignment; 4) formation rational land use and maintenance of an effective utilization of land fund of not agricultural assignment an of its estimation; 5) determination of the order negotiation using of the land lots of not agricultural assignment, according to the tow documentation, local rules of building; 6) development of economic mechanisms of stimulation of the proprietors, leasers of the land lots concerning prese improvement of ecological state of grounds of not agricultural purpose(assignment), and also historical-cultural patr non-profitable use of the land lots for the special social, ecological, historical-cultural purposes; concerning maintenance of legal protection of the rights of the participants to the market of ground: 1) improvement of system of indemnifications for drawing of the losses to the proprietors or leasers of the land lo limitations concerning their use precedent and the full indemnification to the proprietors and the leasers of cost of the land lots, real estate and other losses; 2) Establishment of the warranties of the rights of the proprietors of ground, in case of its withdrawal for state and publi 3) maintenance of equal possibilities to the citizens of Ukraine and legal persons of Ukraine concerning a finding of t rights and other rights to the land lots, and also foreign natural and legal persons concerning a finding of the right on t the land lots; concerning improvement of the economic mechanism of functioning and regulation of the market of ground, transparent information system for maintenance of functioning and regulation of this market: 1) development of mechanisms engaging by the citizens of Ukraine and legal persons of Ukraine of means with the purchase of the land lots of not agricultural assignment for accomplishment of enterprise activity and accounts for the b lots and maintenance of introduction of the indicated mechanisms; 2) creation of the legal basis for engaging to a market turn-over of the rights on the land lots not agricultural assignmen 3) Introduction of an ascending scale of the taxation of the land lots, which are not used as required; 4) Development of the plans of privatization of the land lots of not agricultural assignment, with allowance for town-p land use of the documentation given of the state land cadastre; 5) development of the circuits of privatization of grounds with the following correcting of the General plans, other tow and land use of the documentation; 6) possibility receiving by the investors of the information necessary for a finding of the property right to the land agricultural assignment or right on their lease and conditions of their use. 6. Organization-legal and economic bases of regulation of the market of ground For the coordination of private,public, state interests during formation primary and the functioning of the secondary grounds is realized the appropriate regulation on the part of public authorities and local government. The realization of state policy in this sphere is realized by the central on it central and local bodies of the executive au also bodies of a local government accordingly at national and local levels. At a national level the acceptance of the normative-legal acts on questions is supposed: delimitation of grounds of th collective property; registration of the land lots of not agricultural assignment, other objects of a real estate and rights on them; distrib redistributions of grounds; development of the basic bases and methods of privatization of grounds; granting of the land lots of not agricultural assignment in use to the state enterprises, establishments, organizations; the compulsory repayment of the land lots of not agricultural assignment for satisfaction of state or public needs; planning of territories of the occupied items and development of the local rules of building of territories of the occupied improvement of the basic bases of collection of the payment for ground; management of the state land cadastre; organizations of land use and land use; accomplishment of the state control behind use of ground by the proprietors and leasers of the land lots of not assignment; the decision of land disputes. The state regulation at a national level provides application of economic levers of influence on effective and ecolo functioning of the market of grounds. With this purpose the processing and application of mechanisms is supposed: Introduction of the special payment for the not run in grounds behind an ascending scale depending on term of posse land lot; the taxation behind an ascending scale of operations on resale of the land lots depending on terms of stay of the lan agricultural assignment in the property by one of the person with the purpose prevention of gamble in the market of gro the taxation behind an ascending scale of the land lots, which long time are not used as required. At a local level the regulation of questions is realized: Redistributions and uses of grounds according to the plans land industrial device, town-planning documentation and lo building; registration and registration of the rights on ground; collection of the payment for the land lots; direction of a means land lots, received from privatization, development of social sphere, assistance to formation market demands of land use Accomplishment of land use and land use; accomplishment of monitoring of the market of the land lots; fulfilment of other problems directed on development of the market of grounds of not agricultural a The head of administration The president of V.Litvin