Features of circulation of agricultural lands in Ukraine for legal entities

Abstract

Land in Ukraine can be in private, communal and state ownership. The lands of Ukraine include all lands within its territory, including islands and lands occupied by water bodies, which are divided into categories according to their main purpose. Legal entities may acquire land mainly for use on the rights of lease, sublease, emphyteusis and permanent use, may have agricultural land on the right of lifelong inherited land tenure, the legal regulation of which is currently absent. In Ukraine at this stage, models of organization of relations between business partners are effectively and justifiably used through the creation of a joint holding company in a foreign jurisdiction, which further establishes the company in Ukraine. As a result of the anti-terrorist operation and the occupation of Crimea on the territory of Ukraine, the rights of thousands of people to housing, land and property, including the rights of agricultural land use, were violated. Today, land lease is the main way of doing agribusiness, lease agreements have become an important tool for absorbing weaker competitors or seizing their land. In conditions of slow growth in the cost of rent, agricultural holdings can afford a slightly higher fee, which gives them a significant advantage over farmers. However, the moratorium on land has been lifted in 2020 and the land market in Ukraine will be introduced on July 1, 2021. From this date, agricultural land will be available to individuals, ie the moratorium on the sale of agricultural land will be lifted. As for legal entities, the land market will be open for them only from January 1, 2024.