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03.07.2023 16:05

Land auctions are conducted in the electronic trading system (electronic auction) in real time on the Internet, based on the results of which a contract of sale, lease, superficiation, emphyteussis of the land plot is concluded with the participant (winner) of the land auction, who offered the highest price for the land the plot for sale, or the highest price for the acquisition of emphytheusis rights, surface area, or the highest amount of rent fixed during land auctions (Article 135 of the Land Code of Ukraine).

03.07.2023 16:01

Today, permission to change the purpose of the land plot is no longer required. The first step requires a notarized application to change the purpose of the land plot, signed by the owner. It is this statement that will be the basis for the development of the land management project regarding the change in the purpose of the land in the next step. On July 1, 2021, the ban on changing the purpose and type of use of land plots for commercial agricultural production, land plots allocated in kind to the owners of land plots for the management of personal peasant farms and land plots (shares) was canceled.

Part 6 of Article 20 of the Land Code of Ukraine establishes that changing the purpose of a land plot does not require:

  • development of land management documentation (except in cases of formation of a land plot from state and communal property, not formed into land plots);

  • decision-making by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive power body and the local self-government body (except for decisions on establishing and changing the purpose of land plots, which are issued by such bodies).

The second step will be to apply to the land management organization with a notarized application for a change of purpose, in order to prepare a land management project regarding the allocation of the land plot with a change of its purpose. To do this, it is necessary to conclude a contract with the land management organization, in which the cost of the works and the terms of execution must be clearly defined. Pay attention to the fact that the contract specifies specific deadlines for the work. Only a person who has a certificate of a land management engineer can be the executor of works on the construction of a land management project. The list of such persons is posted on the official website of the State Geocadaster (https://dzk.gov.ua/).

The third step on the way to changing the purpose of the land plot will be the implementation of geodetic works by the land management organization and the development of the land management project regarding the allocation of the land plot within the terms established by the contract. The boundaries of the land plot, if necessary, must be fixed with boundary signs of the established model. The land management project must be drawn up in paper form and in the form of an electronic document.

The fourth step on the way to changing the intended purpose of a land plot is to apply to the body authorized to make a decision on changing the intended purpose of a land plot with a request for project approval. Therefore, it is necessary to apply to the village, settlement city council, and if the land plot is located outside the settlement - to the local state administration.

The fifth step, which must be carried out, is to submit a project on changing the purpose of the land plot to the state cadastral registrar to the local office of the State Geocadastre in order to enter information about the change of purpose to the State Land Cadastre.

The application is accompanied by a land management project developed and approved by the authorized bodies regarding the allocation of the land plot in paper form and in the form of an electronic document. This service is provided free of charge. Your application is considered by the state cadastral registrar within 14 days. The state cadastral registrar must issue an Extract from the State Land Cadastre.

The final step is to enter the new purpose of the land plot in the register of property rights.

03.07.2023 15:45

Challenging a credit agreement is a rather complicated procedure. You should approach it wisely, otherwise, even if you have a winning position, you have every chance of incurring additional financial losses.

First of all, you first need to decide on the purpose of the trial, it can be the invalidation of the contract, the reduction of payments accrued by the bank, or the cancellation of fines. An examination of the contract and the terms of its signing, verification of the bank's compliance with the terms of the agreement, as well as a recalculation of accrued payments and fines are also required. Based on the collected data, it will be possible to determine the purpose of the lawsuit, its economic feasibility and the chances of successful completion of the case.

Secondly, it is logical not to bring the case to court and try to conclude a settlement agreement. Not all bankers are such terrible and greedy villains who dream of driving the client into a debt pit and taking away all his property. Therefore, if you have compelling circumstances to ask for a postponement or reduction of payments, as well as a sufficient evidence base for the court, it will be faster and more profitable for the bank to conclude a new mutually beneficial contract with you.

Thirdly, during the court process, no one releases the borrower from his obligation to repay the loan. If the contract was not terminated, but you still stopped paying for it, then during the trial you will receive new fines, and the bank will accuse you of dishonesty. Therefore, it is mandatory to demand the suspension of the credit agreement for the duration of the trial when filing a lawsuit. If the bank sued you, then you need to file a counterclaim with this claim.

03.07.2023 15:18

Every serviceman, upon leaving the service, has the right to payments, namely:

  • monetary compensation for the cost of unclaimed tangible property;

  • one-time monetary assistance;

  • one-time cash assistance to the mobilized;

  • cash compensation for unused vacation;

  • cash assistance for rehabilitation;

  • material assistance for solving social and household issues.

As for reports, during the period of martial law, servicemen may resign on the following grounds:

  • by age – in case of reaching the maximum age for military service;

  • according to the state of health - on the basis of the conclusion (resolution) of the military medical commission on unfitness for military service with exclusion from military registration;

  • in connection with the entry into legal force of a guilty verdict of the court, which imposed punishment in the form of deprivation of liberty, restriction of liberty or deprivation of a military rank;

  • due to the following family circumstances or other valid reasons (if servicemen did not express a desire to continue military service):

  • in connection with raising a child with a disability under the age of 18;

  • in connection with raising a child with severe perinatal damage to the nervous system, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes (insulin-dependent), acute or chronic kidney disease of the IV degree, a child who received a severe injury, needs an organ transplant, needs palliative care, which is confirmed by a document issued by the medical advisory commission of a health care institution in the order and in the form established by the central executive body, which ensures the formation and implements the state policy in the field of health care, but which has not been diagnosed with a disability;

  • in connection with the need to provide constant care for a sick wife (husband), child, as well as one's own or wife's (husband's) parents, which is confirmed by the relevant medical opinion of the medical and social expert commission or the medical and advisory commission of the health care institution;

  • in connection with the presence of a wife (husband) from among persons with disabilities and/or one of their parents or parents of the wife (husband) from among persons with disabilities of group I or II;

  • in connection with the need to take care of a person with a disability recognized by the court as incapable;

  • in connection with the need to provide constant care for a person with a disability of the I group;

  • in connection with the need to provide constant care for a person with a disability of the II group or for a person who, according to the opinion of the medical and social expert commission or the medical and advisory commission of a health care institution, needs constant care, in the absence of other persons who can perform such care;

  • female servicemen - in connection with pregnancy;

  • female servicemen who are on leave to take care of a child until it reaches the age of three, as well as if the child needs home care for the duration specified in the medical report, but no longer than until it reaches the age of six;

  • one of the spouses, both of whom are in military service and have a child (children) under the age of 18;

  • military personnel who independently raise a child (children) under the age of 18;

  • three or more children under the age of 18 are dependent on a serviceman.

Payment of monetary compensation for unclaimed material property is made to officers, non-commissioned officers, non-commissioned officers and privates of the Armed Forces, the National Guard, the Security Service, the Foreign Intelligence Service, the State Border Guard Service, the State Special Service of Transport, the State Service of Special Communications and Information Protection and the Administration state security.

Payments do not apply to conscripts, cadets of higher military educational institutions, as well as higher educational institutions that include military institutes, faculties, departments, and military training departments.

03.07.2023 10:19

Due diligence is translated from English as a full legal examination - a detailed report-analysis of the real estate object, its acquisition history and possible risks after acquisition. The procedure is a detailed independent inspection of the investment object, carried out on behalf of investors to form an objective view of the investment object.

03.07.2023 10:15

In the third month of Russia's war against Ukraine, the government opened up the opportunity to conclude deals on the real estate market again. The Cabinet of Ministers opened access to the registers, but additional conditions appeared during the conclusion of purchase and sale agreements. The government allowed the registration of property sales agreements, albeit with several restrictions.

The most important of them is that within 30 days after the registration of the property right, no actions can be taken, in fact, with the real estate. This is done to prevent fraud. Also, the Cabinet of Ministers banned the purchase and sale of housing by power of attorney. This will actually deprive those citizens who have moved abroad of the opportunity to sell their apartments or houses.

Notarial certificate of the contract on alienation of real estate, mortgage on the establishment of trust property:

  • will be carried out exclusively at the location of the real estate (except for that located in Kyiv or the Kyiv region);

  • will be carried out only by a notary whose workplace (office) is located in the city of Kyiv or the Kyiv region - on real property located in the city of Kyiv or the Kyiv region, at the location of such property, or at the location of a legal entity, or at the registered location of a natural person - one of the parties to the relevant contract.

03.07.2023 10:08

During the period of martial law in Ukraine, it is prohibited to terminate the provision of housing and communal services to the population in case of non-payment or incomplete payment. This requirement applies in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 05.03.2022 No. 206 (https://zakon.rada.gov.ua/laws/show/206-2022-%D0%BF#Text)

03.07.2023 09:54

According to Ukrainian legislation, care for a person with a disability can be included in the insurance period, but certain conditions must be met for this.

In accordance with the Law of Ukraine "On Mandatory State Pension Insurance", enrollment in the insurance record of periods of care for a person with a disability of group I, for a child with a disability or a person who has reached retirement age and needs third-party care, if the person who provided such care :

  • is able to work;

  • did not work during this period;

  • received assistance or compensation in accordance with the legislation from the social protection authorities.

If a person with a disability is cared for by an old-age pensioner, that is, a person who is legally disabled, this period is not included in the insurance length of service and, accordingly, does not affect the amount of the pension.

To complete such a procedure, you need to contact the territorial bodies of the Pension Fund of Ukraine and provide the following documents:

  • Act of examination of the actual circumstances of caregiving - drawn up by the bodies of the Pension Fund on the basis of information received from housing fund management bodies, village and settlement Councils of People's Deputies, surveys of persons for whom care is provided and their neighbors, and other data.

  • Documents confirming disability status can be extracts from the examination report of the medical and social expert commission, medical reports, pension certificate, certificate of the recipient of assistance or certificates of labor and social protection of the population or the Pension Fund and other documents.

  • Documents that confirm age can be a birth certificate or an extract from a passport or a certificate from the housing fund management authorities and others.

02.07.2023 20:42

Submission of an application for a permit to start construction works is carried out through the electronic account of the user of the Unified state web portal of electronic services Portal Diya. After submitting an application for the issuance of a permit, its status can be checked in the citizen's office.

Documents that must be provided to receive the service:

  1. Application for obtaining a permit

  2. A copy of the document certifying the right of ownership or use of the land plot, or a copy of the superficiation contract

  3. A copy of the administrative document regarding the complex reconstruction of quarters (micro-districts) of an outdated housing stock in the case of complex reconstruction of quarters (micro-districts) of an outdated housing stock (instead of a copy of a document certifying the right of ownership or use of a land plot)

  4. Project documentation for construction

  5. Information about the consulting engineer (if he is involved)

  6. Information about the license giving the right to perform construction works and qualification certificates

  7. Copies of documents on the appointment of persons responsible for the execution of construction works and persons carrying out copyright and technical supervision

  8. A copy of a document certifying the ownership of a house or structure, or the consent of its owner (co-owners) to carry out construction work in the event of reconstruction, restoration or capital repair

  9. Results of environmental impact assessment in cases defined by the Law of Ukraine "On Environmental Impact Assessment"

You can also get this service at the Center for the Provision of Administrative Services or at the State Inspection of Architecture and Urban Planning of Ukraine.

02.07.2023 20:34

The International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine is an independent permanent arbitration institution that operates in accordance with the Law of Ukraine "On International Commercial Arbitration", which approved its Regulations (https://zakon.rada.gov.ua/ rada/show/n0001571-94#Text).

The International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine is one of the most authoritative institutions in Central and Eastern Europe in terms of the number and effectiveness of dispute resolution. ICAC is included in the list of organizations that are invited to UNCITRAL sessions and have the opportunity to express their position on issues considered by the UN Commission on International Trade Law.