Leasing land in the Hromada during martial law has a number of peculiarities regulated by both the Land Code of Ukraine and special provisions introduced for the period of martial law, agronews.ua reports.
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Simplified procedure for transferring land into lease
During the martial law, the Cabinet of Ministers Resolution No. 1113 of 16.09.2022 (in the new version) is in force, providing for a simplified mechanism for transferring agricultural land of state and communal ownership into lease.
Land can be transferred into lease:
without land auctions (auctions),
without developing land survey documentation (in some cases),
through an expedited procedure.
This applies to land for commercial agricultural production, personal peasant farming, and farmsteads.
Lease agreements can be concluded without approval of land survey projects.
In many cases, it is allowed to conclude lease agreements based on technical documentation or without it if the plot is already formed.
It is allowed to conclude lease agreements for a short term – up to 1 year.
These agreements are not subject to state registration; it is sufficient to register them with the village council or Hromada.
The agreement automatically terminates upon the cancellation of martial law if it was concluded in a special procedure (without auction or approvals).
Lease rights are subject to restrictions
If the plot is already leased or in permanent use, it cannot be transferred to another entity, even during martial law.
Specifics in certain communities
Some Hromadas establish their own conditions and procedures for land transfer, taking into account decisions of military administrations or local councils. Temporary moratoriums on new leases often apply, especially near the front line.
Our recommendations:
Clarify the status of the plot: formed or not, what form of ownership (communal, state).
Contact the land manager of the Hromada or the legal department of the community.
If you are an individual entrepreneur or agricultural enterprise, prepare documents on agricultural activities – this will simplify the lease process.