[:uk]Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine on Simplifying the Procedure for Allocating Land Plots for the Development of Digital Infrastructure
Essence of the Draft Law: The draft law aims to improve the processes for allocating land plots necessary for the development of digital infrastructure. It provides for the simplification of administrative procedures and increased accessibility of land for the deployment of electronic communications.
Structure of the Draft Law and Main Provisions
The draft law is divided into several key parts that amend the following legislative acts:
- Land Code of Ukraine;
- Law of Ukraine “On Land Lease”;
- Law of Ukraine “On Land Valuation”;
- Law of Ukraine “On Local Self-Government in Ukraine”.
The main innovations include:
- Simplification of the process for obtaining permits for land allocation;
- Regulation of issues related to the lease of land plots used for electronic communications;
- Establishment of clear deadlines for the consideration of applications for land allocation.
Compared to previous versions, the definition of “digital infrastructure” has been clarified, and the requirements for decision-making timelines have been reduced.
Main Provisions of the Draft Law
The following provisions are of greatest importance to legislators, experts, businesses, and citizens:
- Speed of Application Processing: Applications for the allocation of land plots for digital infrastructure will be processed in shortened timelines, accelerating the construction processes.
- Reduction of Administrative Barriers: The draft law proposes the simplification of procedures, which may reduce corruption risks and increase transparency.
- Regulation of Rights and Obligations: Clear definition of rights related to lease and servitude, ensuring the protection of the interests of all parties involved.
- Environmental Aspects: Introduction of specific procedures for environmental impact assessments for land allocated for infrastructure.
This draft law seeks to create favorable conditions for the development of digital infrastructure, reflecting the current challenges of modernity.
Analysis of Other Documents:
Analysis of the Document Regarding the Draft Law
1. Position of the Document’s Author: The author of the document expresses support for the draft law, emphasizing the necessity of improving the legal framework in the field of land relations to enhance digital infrastructure. However, they also point out the risks that may arise for the rights and interests of individuals and legal entities due to certain provisions of the draft law.
2. Main Provisions of the Document:
- Simplification of Procedures: The draft law proposes the simplification of the process for allocating land plots for electronic communications, which is an important step in ensuring access to mobile communication and broadband internet.
- New Type of Land Servitude: A new type of land servitude is introduced, allowing for the rapid utilization of land resources for the deployment of communication networks.
- Property Rights Issues: Provisions regarding the compulsory acquisition of land plots under martial law raise concerns, as they may violate the equality of rights among property owners in different regions.
- Challenging Decisions: The prohibition on appealing decisions regarding compulsory acquisition in court contradicts constitutional rights to protection, which may lead to legal conflicts.
- Experimental Changes: The proposed experiment regarding the consideration of applications for permits for land management documentation may result in legal uncertainty, raising concerns among citizens and businesses.
Analysis of the Draft Law
1. Position of the Document’s Author
The author of the document supports the draft law as it aims to simplify the process of state registration of rights to real estate that has been compulsorily acquired under conditions of martial or emergency status. This allows for a quicker response to societal needs and ensures legal certainty in crisis situations.
2. Main Provisions of the Document
The main provisions that may be significant for legislators, experts, businesses, and citizens include:
- Compulsory Acquisition of Property: The law provides clear procedures for the state registration of rights to compulsorily acquired property, including land plots.
- Changes in Registration Procedures: The registration of property rights to such assets is conducted without interruptions and without the need to submit additional applications, significantly simplifying the process.
- Lease Registration: The specifics of registering lease rights for land plots that have been leased are defined, which is important for businesses and investors.
- Alignment of Regulatory Acts: The Cabinet of Ministers of Ukraine is given a timeframe to adjust its acts within the framework of the new legislation, emphasizing the integration of changes into the existing legal system.
These changes may positively affect the investment climate and ensure legal stability in emergency situations.[:]
