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This analysis concerns with general aspects of the privatization and sale of land in Ukraine

1. Non-agricultural land parcels.

According to the Presidential Edict “On sales of non-agricultural plots of lands” plots of land intended for purposes other than agricultural production, being under public or communal property, shall be allowed to be sold”. Under the “plots of land intended for purposes other than agricultural production” one should understand the plots of land accommodating the immovable property of business entities, including unfinished and laid-by construction projects. Before this Presidential Edict was adopted in 1999 almost all immovable property of business entities was situated on the lands which were public or communal property only.

Under the stated Edict the following persons can be qualified as buyers of non-agricultural plots:

- Ukrainian citizens with the business entity status;

- juridical persons of Ukraine (including those which were founded by the foreign citizens).

Thus, any business entity can appeal to the respective public or communal authorities and buy therefrom the land parcel on which the object of immovable property belonging to such business entity is situated. The land parcel, purchased in a depicted way, can be sold to another business entity.

2. Agricultural land parcels.

The Law "On types of land ownership" of January 30, 1992, which was soon followed by the Law "On Collective Agricultural Enterprise" of February 14, 1992 and the Land Code of Ukraine as amended on March 13, 1992. introduced collective and private land ownership to Ukrainian law.

However, the implementation of new types of land ownership was restricted by a six-year moratorium on the sale of collectively and privately owned land. Under Article 17 of the Land Code, during a six-year period new owners to whom local councils have transferred land parcels may not sell or transfer their land parcels to any third party, other than by succession or reversal of ownership back to the local Rada, on the same conditions upon which it had been originally accepted. However, the Land Code allows courts to shorten the waiting period provided there are well-founded reasons.

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