The right of a permanent land user to provide a land plot for use (lease) to a third party – a departure from the conclusions of the Supreme Court
On January 10! 2024! the Supreme Court! as part of the panel The right of of judges of the Cassation Economic Court! in case No. 905/20/23 (EDRSRU No. 116382490)! investigated the issue of the right of a permanent land whatsapp lead user to provide a land plot for use (lease).
First! it should be noted that based on the content of the provisions of Articles 93
124 of the Land Code of Ukraine Article 4 of the Law of Ukraine “On Land Lease”! the lessors of land plots are their owners or persons authorized by them or persons who use land plots on emphyteusis. In particular! the lease of land plots that are in state or municipal ownership is carried out on the basis of a decision of the relevant executive authority or local government body in accordance with their powers defined by Article 122 of the said Code and! as a general rule! based on the results of land auctions.
The right to permanent use of a land plot is the right to own and the guarantee of non-interference use a land plot that is in state or municipal ownership! without establishing a term (Part 1 of Article 92 of the Civil Code of Ukraine).
The scope of land users’ rights is defined in Article 95 of the Land Code of Ukraine
which provides! in particular! the right to: independently manage the land; ownership of crops and plantings of agricultural and other crops! produced products! etc.
(!!!) The state act for the right of permanent use is not a document that grants the user of a lack data land plot the right to provide a land plot to third parties! that is! to dispose of it! including by leasing it or for joint activities! since this right is vested in the relevant body authorized by the state to perform these functions” (Supreme Court decision of March 28! 2018 in case No. 915/166/17).