Features of concluding an emphyteutic land use agreement in Ukraine

Abstract

The relevance of this study is conditioned upon the fact that in Ukraine, emphyteutic land use has recently become one of the main ways of using agricultural land. This was facilitated by the introduction of substantial changes in the legal regulation of emphyteutic land use in the state, which was based on the best traditions of foreign practices in the use of agricultural land. The absence of mandatory details of the emphyteusis agreement in the legislation, which may become one of the reasons for declaring such transactions invalid in the future, also encourages this study. The subject of this study is regulatory and legislative acts on the regulation of emphyteutic legal relations in Ukraine. The purpose of this paper was to characterise the main provisions of emphyteusis contracts (the right to use other people’s land plots for agricultural needs), with special attention paid to the terms and conditions of such transactions. The paper considers the innovations of legal regulation of the right to use other people’s land plots for agricultural needs and the main essential conditions for concluding emphyteusis (land use) contracts in Ukraine. During the research, the following methods of cognition were used: historical, comparative legal, logical-normative, system-structural. During the study, a historical legal analysis of the development of legal regulation of the right to use someone else’s agricultural land plot in independent Ukraine was performed. Special attention was paid to the characteristics of the legal regulation of the right to use someone else’s land plot for agricultural needs (emphyteusis) in the Civil Code and Land Code of Ukraine. The terms and conditions of the emphyteusis agreement and the specific features of the implementation of the right to emphyteutic land use were clarified. The study thoroughly analysed the procedure for concluding and notarising emphyteutic transactions. The main and auxiliary terms and conditions for concluding contracts for emphyteutic land use were highlighted. To protect the rights and interests of the parties to emphyteutic land use, the emphyteusis agreement must be notarised. The texts of emphyteusis agreements should reflect the main mandatory conditions for concluding a contract listed in the study, and at the request of the parties – other terms and conditions. The practical value of this study lies in a list of substantial and supplementary terms and conditions of the emphyteusis agreement, which should be prescribed by the parties in the text of the transaction to protect their rights and interests.

Keywords

• emphyteusis agreement
• agricultural land use
• notarisation of emphyteutic land use transactions