In opinion of the Committee members the draft law (No. 1368) contains provisions that can be ambiguous.
The Committee finds as ambiguous the following provisions.
The new wording of Section 1 of Article 291 of the Economic Code of Ukraine is corruptogenic and infringe on rights of sides to the leasehold agreement as it allows unilateral termination of the agreement.
Corruption risks are in new provisions in Paragraph 5 of Section 1: "landlord has a right to demand from tenant" of Article 24 "Rights and obligations of landlord" and Paragraph 5, Section 2 "Tenant of a land plot is obliged" of Article 25 "Rights and obligations of tenant", where landlord can demand that tenant pay an annual rent of no less that 5%, since results of the economic activities and financial situation of tenant can improve.
Also, Paragraph 5, Section 2 "Tenant of a land plot is obliged" of Article 25 "Rights and obligations of tenant", tenant has a liability to pay annual 2-percent duty to the budget of a local council.
The administrative procedures of imposing this duty, its further use by officials are not regulated clearly, there is no separation of payment for leased private land plots and municipal land plots, which can mean double burden on the budget of tenant.
The legislative term is corruptogenic and completely disregards the effective legislation regarding the leasehold of land, regarding the transparency of control on the land market, including where land of municipal and state property can be subject to leasehold.
The Committee adopted a resolution suggesting the Verkhovna Rada rejecting the draft law.