This year the Cabinet of Ministers of Ukraine will submit agricultural land outside settlements 141 United local community (GR). Last year 650 OTO has already received 1.5 million hectares of agricultural land worth more than $ 1.5 billion. Such a move experts endorse this use of public land in many respects was familiar with the issue, in particular, are constantly heard criticism that these lands are “stolen”, they pass under the control of its people, are used in the “shadow” reports
Profile publication AgroPolit.com argues that gossens 2000 years “Okrestina” could not, because there is no law about selling the rights to these lands. Therefore, all operations use agribusiness this earth can be eliminated after lifting the moratorium and the adoption by Parliament of the law on turnover of agricultural land. At the same time, because of the political carousel in question “to shoot or not a moratorium, to open or not the land market” and business, and the state only to lose. The first bear reputational risks due to different usage patterns through the legislative cracks this land and neozelandese their business in international markets. The second is the land of corruption and loss of revenue to local budgets.
When this edition was published the 7 schemes that were used and are used today Rossella. Two of them in the years 2002-2016, and 5 – to this day.
The most common scheme, which was used by the entire agricultural market from 2012 to 2016 to build their land banks – transfers of goszemel individuals, who took her under farming (PFS). To 4 April 2016 acted article 134 of the Land code of Ukraine, which allowed citizens to lease ghassemlou (without auctions) for such services. There were 2 conditions – the presence of the future farmer degree at the agro-education and work experience in agriculture. This loophole allowed all market participants to increase their land banks during the period of rapid 2000s. According to various estimates, bizauctions after 2013 under the control of the individuals moved about 2 million hectares of agricultural land. What proportion went of them in the land banks of agricultural enterprises – hard to say: find this?? statistics is now impossible. But, according to unofficial expert estimates, 1 million hectares were under Semenkov formation of agricultural enterprises, the rest – under the PFS.
“The area is not limited: a person could take to farm any land area (without auction), most importantly, he must have agricultural education and work experience in the agricultural sector. Sometimes regional Geochemistry could demand the documents confirming the relevance of space, as well as what will be grown there,” he said AgroPolit.com details of the Chairman of the Union Centre development of land relations in Ukraine Leonid Koreyba. Those who have not cultivated the land itself, handed her the sublease granted to agricultural enterprises through the investment agreement or the joint use of this land.
This mechanism is used then all participants of the agricultural market (large, medium, small), because the state itself has put them in such conditions. The events of the two “Maidan” has accelerated the change in this situation. The government and agricultural companies understand the reputational risks of further use of this scheme for the agricultural market, therefore, due to the warming of the political situation in the country, agrolab in Parliament could close this loophole. Although the Gosgeokadastr and resisted. So, 18 February 2016, the deputies adopted the law 1012-VIII “On amendments to the Land code of Ukraine on land auctions”.
And then out of the land code (law No. 2768-III) disappears item on farmland. And April 3, 2016, all gosseli begin to rent out only auction.
The second scheme was through the “Ukragroprom”. It was prescribed by the government. As already mentioned AgroPolit.com 6 February 2012 the Cabinet of Ministers Mykola Azarov issued a decree №113-R – alienation 111,26 thousand hectares of land from the farms of the National Academy of agrarian Sciences of Ukraine (NAAS) in favor of the private company “Ukragroprom” (if it is linked with the current people’s Deputy Serhiy Taruta) to improve financial and economic indicators. However, this improvement resulted in millions of losses that even now dismantled, so it is already June 18 2014, the decree №583-R cancelled the previous order and the state retained the land use NAAN 111 thousand ha of state-owned enterprises of sample farms.
The first of the modern schemes are contracts for common use. As explained by Oleg Kulinich, these agreements are outside the legal framework. But this is not their main disadvantage and the negative. “Using goszemel with such contracts completely fills local budgets. These treaties outside the legal framework, they are the classical scheme, which is currently used in the processing of goszemel, which are at the disposal of NAAN, a variety of SOEs, as “horse Breeding of Ukraine”. The total number of such goszemel – approximately 500 thousand hectares, About half of them are involved in agreements on joint processing, so they are not taken into account in one registry. “Co-processing means the minimum rate of a rent of 1 ha. About it is minimum 3% and maximum 7%. For example, in Poltava region the owners of the units receives from tenant 10%, a 3% difference. Therefore, the amount of funds that go by the local budget in such a case, it is at least 200-240 million hryvnias”, – explained the land arithmetic of imperfect legislation Kulinich.
The second pattern was the free privatization of land. “The procedure of free privatization of land, which is described in article 118 of the Land code of Ukraine, which formally can be used by any citizen of Ukraine. For example, private farm law gives them the right to “grab” to 2 hectares, for gardening – to 12 acres, and farming – all in the average size of the unit, and it is in some regions can reach tens of hectares,” – said the Deputy Chairman of the Council of the Association “Land Union of Ukraine” Andrew Martin. Wanting to free the land becomes more and more, and here’s a free no-man’s land over 27 years of land reform is almost gone. So officials Gosgeokadastra are the real stewards of goszemel agricultural actually at its sole discretion. Classics of this scheme is that interested in earth “businessman” agrees with the usual Ukrainians of the receipt of such land for its further resale to him or straw, and then with the officer to not notice. Formally, it is owned by individuals, but is actually controlled by the organizer of the “schema” through a lease agreement for 49 years, or even on the basis of informal arrangements.
However, recently this scheme “modernize”. After government approval of the “strategy of improvement of the mechanism of management in sphere of use and protection of agricultural lands of state property and disposal of assets”, – said Martin, – this loophole began to be used for the distribution of land to participants ATO (they had a special quota, discriminating against the rest of the Ukrainians)”. Now this scheme works, said Martin, “Good people” asking ATU members for a fee of several hundred dollars to apply for a free privatization of land and the power of attorney for a further order is received by the earth, and after receiving the land from resold it (the moratorium, by the way, on such sections does not apply). Accordingly, residents of local villages, living on this territory and, of course, would themselves work on the land or to graze cattle on the public pastures, are “high and dry”, and smart businessmen de facto free use privatization as a great tool for capturing large tracts of land”. According to experts, it is a “legislative window of opportunity” must also be closed.
Also used 3 of the scheme: the agreement on social assistance with the rural Council, getting a free in property leased from the state land for farming in the size of the average proportion of unit area, as well as squatting.
“The situation is this: the lower classes (business) categorically does not want to cultivate and develop the old system, and leaders (Parliament, government and President) cannot and do not want to change it. Although attempts already. How to break this vicious circle? One way out: the adoption of the law on turnover of agricultural lands and start a civilized land market, where each player understands and knows his place. Shareholders will receive a set of mechanisms for the disposal of their property (including loans from the state to start their own business). The business is completely legitimate mechanisms for capacity-Zembank (by lease or purchase of land) and, as a consequence, the capitalization of companies. And the state get rid of a headache (land of corruption) and will give impetus to the development of the sector and attract investments”, – concluded edition.
It is obvious that the decision of the land law will be after the presidential election. Both candidates for the position already stated that they are for the free market. But the format is a matter of debate. Most likely, the format will state the Verkhovna Rada of Ukraine of the new convocation, because most for this question in the current Parliament there.