Are summer cottages on the territory of the city covered by the privatization law?

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... in the horticultural cooperative that must be privatized by January 1. 2025?

At the moment, the plot is not privatized, it is located in a city with a front-line zone.

10.04.2023 12:20 631

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Photo of sikorsky.y.o Yaroslav Sikorsky

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In accordance with Article 35 of the Land Code of Ukraine, Ukrainians have the right to acquire plots of land for horticulture from state and communal property free of charge or on lease terms.

In accordance with Article 121 of the Land Code of Ukraine, citizens of Ukraine have the right to free transfer of land plots from state or communal property for individual summer house construction in the amount of no more than 0.10 hectares.

In accordance with Article 22 of the Law of Ukraine "On Cooperation", the land of the cooperative consists of land plots leased to it or acquired by it. Lands for common use of the dacha cooperative are transferred to it free of charge from the lands of state or communal ownership in accordance with the law.

Cooperatives may be granted free ownership or lease of land plots by local self-government bodies or executive authorities on the basis of town-planning documentation. In addition, the land of the cooperative may consist of land plots that the cooperators acquired on the basis of civil law agreements. Each member of the cooperative has the right to own, use and, with the consent of the cooperative, manage the property belonging to the cooperative. In order for each member of the cooperative to be able to exercise his right to property, it is necessary to allocate a plot of land from the cooperative through its allocation and privatization.

Each member of the cooperative can claim the amount of the share depending on his contribution to the fund. If a member of the cooperative is excluded or wants to leave the cooperative, he still has the right to receive a plot of land in kind. The ownership right of cooperative members (individuals) to their common share is inherited.

Members of collective agricultural cooperatives, which did not privatize plots by 2002 by registering the right to a land plot (share), have the right to privatization, according to Art. Art. 25, 118 of the Land Code of Ukraine.

21.06.2023 11:10

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