MPs have decided to accelerate the process of preparation for Euro-2012, adopting the parliamentary recess shortly before the new law on Alienation of land to private property for public needs and concerns of the public need. Viktor Yushchenko has promised to put his autograph on it. The new document does not only facilitate the construction of roads, but will start a large-scale land wars, but also allow land speculators to obtain a good profit from the previous skuplennyh plots.

sell or sue

The document provides for two types of alienation: the public needs and in the case of public need. The first allows for the redemption of the agreement of the parties, the second - the forcible removal (with pay) sites in the court, which can be initiated if the owner of the land refused to sell it voluntarily and at its facilities. With this initiative to the Cabinet is drawn state bodies or local government, which considers it necessary to withdraw wore, and the government in turn - to the court with an appropriate action.

To prevent instances of mass seizures (redemption) of private land, the law prescribed separately, that the mechanism runs in exceptional cases, when the necessary state or local community facilities can be built at another location or is this option is the best in terms of construction technology, cost, environmental safety and other important factors.

The absence of such a study need to delete the site for public use, as well as the judicial practice of considering such cases, the need for expertise, and others can be a serious impediment to the alienation in the first instance, - considers the senior partner of law firm Arzinger Timur Bondarev.

complexity of the application of the new mechanism, according to the director of UK Questor Artema IAWG is still in the fact that the law does not give a clear answer to the question of who will determine how best plan is the construction given to the dispute. These powers are blurred between the Government, the body initiating the removal of land, and the court shall take appropriate action.

However, the courts will likely not be burdened process claims too thorough expertise. The law does not expressly imposes on the executive authorities or local government obligation to prove that the specific areas vital to society. Decisions about the disposition should be made on the basis of genplanov settlements and other town planning documents. Prior to this, you need to prepare materials to harmonize the location of objects, which will be based on alienated power, and land records.

If you have all the instruments visible obstacles to the removal of land for public use will not, - said the lawyer law firm Magisters Elena pepper.

the case, according to the document should be considered in the administrative court of appeal (and not in the management or general jurisdiction), the appellate authority will be the Higher Administrative Court, which will not be able to return the case for retrial. To make a final decision the judges of both courts to set aside two months. The decision to repurchase the land shall cease to have effect a year later.

According to lawyers, legislators established a special procedure for dealing with such litigation intent to issue was settled before the expiration of the time allocated to the redemption site. However, as the jurists say, having chosen public holdings, which do not wish them to give up on the good will have chances to save their property. To do this they will have to justify the existence of the State or local alternative construction.

The task of the state - to prove that the way in which agreed to pave the way, is the most rational, as a citizen - that is, more acceptable ways, or other reasons for which the land can not be removed for public need. For example, the chateau — historical monument or an owner can not move for personal reasons - complementary, Mr. IAWG.
Land redistribution

law establishes a list of reasons why the site can be purchased or seized by force: to ensure national security and defense, construction, overhaul, reconstruction, maintenance of transport and energy infrastructure, including oil, gas and water pipes, airports, communication lines, etc., your diplomatic mission, as well as sites related to mining, construction of protective hydraulic engineering structures, construction and maintenance of oil and gas wells and gas, disposal of hazardous waste, the creation of urban parks, the building of kindergartens, playgrounds, stadiums and cemeteries, placing objects of nature-reserve fund.

Nevertheless, if you want bureaucrats always able to find a plausible pretext for the occupation chosen plots. Previously compiled master plan, or other town planning documents, in which the land is not expected construction of major facilities - a weak defense, because these documents can be easily rewritten. According to observers, is particularly active this will be done during those few weeks, until the law is the signature of the President.

According to the document, the final decision to buy back part or the need to initiate a process of forced retirement by local administration: at the district level, if it is a given in a single area or region - the case of interregional land. If the plot is the land of two or more areas of decision Cabinet. But redemption may be initiated and the person who received special permission for the use of mineral resources, and enterprises engaged in construction, overhaul, reconstruction, maintenance of transport and energy infrastructure.

These could speak and private companies, such as mining industries, which are needed for piles new land around the quarries. In this case, it is only the right of these individuals to contribute their suggestions on alienation of land. The final decision is reserved for the executive authorities and local self-government. However, large companies have enough leverage to make positive decisions for themselves, - says Elena pepper.

speculators Star Hour

main issue, which remained outside the new law is to determine the amount of compensation. The paper said only that the calculation with the owner of land may be made in cash, equal to the land or housing, if alienated given a house. Redemption price of the land consists of its direct costs and compensation for losses incurred by the operator according to expert evaluation. But most importantly, that the appraisers will choose the officials themselves. If the owner of the site would not agree with their findings, he will have to pay for the services of other appraisers of their own pockets and to prove in court that it was evaluating the new results reflect the real value of land.

World experience shows that this is an unhealthy practice, when the body is vitally interested in the minimum assessment draws appraiser. This opens up enormous opportunities for abuse, - said Mr. IAWG.

In addition, the law provides that the redemption price set by the executive or local self-government on the basis of expert assessment,may not exceed double the value of the land. Given that the price of a dwelling house or other building can be several times higher than the value of the put, it turns out that the owner actually did not get half of compensation for their property, - confident Ms. pepper.

So the fair (if not excessive) price for their land will be selective. For example, the same approximate power speculators bought up long ago, virtually all stations in the area of passage of a future ring road around Kiev is for ransom from the government. Others will be forced to sell holdings of public price, which is typically several times lower than the market, even with the amendment to the crisis.

Alexei Nabozhnyak

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