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Real estate in Ukraine (general issues)

Definition

The Civil Code of Ukraine gives the definition of immovable property as land plots and objects located on them which cannot be moved without their devaluation and change of their target use. The regime of immovable property can be also extended by the law to aircrafts and sea vessels, inland-navigation vessels, space objects and other things the rights thereto shall be subject to state registration.



Ownership

Physical and legal entities shall be the subjects of private property. The state shall own the property including funds possessed by the Ukrainian State. Relevant bodies of the state power shall exercise the property right on behalf and in favour of Ukraine. The municipal property shall comprise property including funds owned by the territorial community.



Real Property Registration and Transfer of Title

A contract for the sale and purchase of a land plot, an integral property complex, a residential house (apartment) or other real property must be executed in writing, certified by a notary and registered at the state registry.

All agreements related to transfer of the title to real estate, irrespective of the legal status of parties to such agreements, are subject to notarization and state registration. These agreements are considered to be concluded (i.e. come into force) only after their state registration. Thus, real estate sales agreements do not generate any rights and obligations until the moment they are registered.



Leases

Under a contract of lease the lessor undertakes to provide the lessee some property for temporary possession and use or for temporary use. The right to transfer property on lease shall be vested with the owner of property or with the person to whom property rights belong. A person authorized to conclude a lease agreement may also be a lesser.

A lessee shall be charged for the use of property; the amount of charge shall be specified by a lease agreement. A lease agreement shall be concluded for the period specified by the very agreement. If a lease period is not specified, a lease agreement shall be considered concluded for an indefinite period. A lease agreement for the building or any other capital structure or a part thereof concluded for the period of one year or more shall be subject to notarization and state registration.

Together with the right to lease a building or any other capital structure or a part thereof the lessee shall be granted the right to use a land plot underneath this structure and the right to use the area adjacent to the building or structure in the size needed to reach the purpose of lease.

© 2004
Arthur Nitsevych
Partner,
International Law Offices

interlegal
interlegal

14 may 2012

Exclusive in Ukraine Specialized International Exhibition KIBS 2012 “Boats. Motor boats. Yachts” was held in Kiev on 25-28 April. Nadezhda Malanchiy, lawyer of International Law Offices, took part in the exhibition KIBS as a guest.

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14 may 2012

There were the Meeting the Executive Committee, the Management Committees and Seminars • Trade, Trouble & Transportation: How port handling can influence your supply chain • Energy Projects in the 21st Century

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14 may 2012

The premier guide to leading legal professional Global Law Experts awarded Interlegal (International Law Offices) as a leading Marine Law Firm of the year 2011 in Ukraine.

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03 may 2012

Webinar ‘Export of Commodities from Ukraine. Legal Issues’ was held in Odessa on April 27, 2012 Webinar was organized by Interlegal

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20 april 2012

PFI Black Sea 2012 Conference has finished its work on May 19th in Istanbul, Turkey. Arthur Nitsevych, partner of Interlegal, has disclosed a topic ‘Investment into Ukrainian ports – view of an investor in 2012’.

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20 april 2012

Master class “Purchase of vessels” was held on 18th of April 2012 in Odessa National Maritime Academy.

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06 april 2012

Port Expansion Summit 2012 organized by Noppen was held in Istanbul in April 5-6. Managing partner Artur Nitsevych was invited to open summit and speak about Investments to Ukrainian Ports in 2012.

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21 march 2012

APK-Inform Agency announces about holding of the eleventh international conference "Grain Forum - 2012: Production, Processing, Trading" (June 6-8, 2012, Yalta, hotel Palmira Palace).

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