The Committee of Judicial Policy concluded that the draft law on amendments to the Law “On Land Lease” (re devolution of a lease in case of acquisition of the right of ownership on a house, building or structure that is placed on it) does not contradict the Constitution of Ukraine

Information Department of the Verkhovna Rada of Ukraine Secretariat
30 April 2013, 12:55

 

The bill (Reg. No. 2618) suggests amending article 7 of the Law “On Land Lease” by regulating the procedure of concluding new lease agreement in case of devolution of a lease on a house, building or structure that is placed on it to another person.

The Committee noted that the analysis of the relevant provisions of the Constitution of Ukraine provides grounds for concluding that the Verkhovna Rada in its activities must come forth with the authorities assigned to it by the Constitution and laws of Ukraine. According to the Constitution of Ukraine, adoption of the laws is the authority of the Verkhovna Rada. Legal regime of property is determined exclusively by the laws of Ukraine (seventh paragraph of Article 92 of the Constitution).

It was stated during the meeting that, according to the part two of articles 759 and 792 of the Civil Code, the law can presuppose peculiarities of conclusion and fulfillment of the lease agreement.