First International Conference on Agricultural Law: Day Two

2021-09-24

KYIV - September 24, 2021. The Ukrainian Bar Association held the First International Conference on Agricultural Law together with the Agricultural Law Section of the International Bar Association.

The second day of the event brought together leading lawyers, representatives of the USAID Program on Agricultural and Rural Development, the Ministry of Agricultural Policy and Food of Ukraine, the State Service of Ukraine for Geodesy, Cartography and Cadastre, the Office of Anti-Raiding of the Ministry of Justice of Ukraine, the Ukrainian Agricultural Business Club. ), Astarta-Kyiv agro-industrial holding, Ukrainian Grain Association, Deutsche Bahn ECO Group, UkraineInvest and others.

The first day of the conference was held online.

This year, the second day of the conference brought together Ukrainian and international experts in an offline format.

Anna Ogrenchuk, President of the Ukrainian Bar Association, co-founder and managing partner of LCF Law Group, opened the closing day of the event and greeted the participants and speakers.

In particular, she reminded once again that holding an event of this level and the presence of speakers - representatives of the public sector, the legal community and business is on time, given the legislative changes in the land market in Ukraine. The figures speak for themselves, as 28% of rich black soil in the world belongs to Ukraine and the country's leading position as a grain exporter.

The first session of the second day of the conference “Agricultural Land Market” focused on the participation of Ukrainian and foreign players in the agricultural land market, plans of agricultural holdings, bank lending, legal difficulties in concluding contracts for the alienation of agricultural land and legal and practical acquisition of preemptive rights.

 

 

During the first panel of the mentioned session, the moderator was Maksym Maksymenko, partner, head of the real estate and infrastructure practice at AVELLUM.

The participants of the panel were Konstantin Bushuyev, Deputy General Director for Development of Agro-Region Ukraine LLC, Volodymyr Igonin, Partner at Vasil Kisil & Partners, Sergii Kubakh, Land Reform Team Lead at USAID’s Agriculture Growing Rural Opportunities Activity (AGRO), Anzhelika Livitska, Counsel at Asters, Olena Sukmanova, Legal Director, Member of the Board of Directors at Agroholding “Agricultural System Technologies”.

Konstantin Bushuyev noted that the opening of the land market creates new opportunities for landowners and tenants. However, the success of each of them will be synergy.

Additional issues for discussion in the panel were:

-          forecasts for the liberalization of the agricultural land market

-          land as an investment alternative

-          prospects for lending in 2024

Panelists provided practical advice, shared real cases, expert comments on new legislative changes.

The panel discussion resulted in an interactive survey of participants in the conference “Land Market Degree Landing to Identify the Challenges of an Open Land Market in Ukraine.”

In your opinion, is the state policy in the field of land relations effective today?

81% of respondents identified the policy as above average, of which 4% identified it as optimal.

In your opinion, are the normative and organizational levels of the introduced regulation of the agricultural land market sufficient?

79% of respondents identified levels above average sufficient, 22% - identified them as insufficient.

In your opinion, does the existing regulatory framework allow to realize the investment potential of the agricultural land market? 60% answered “no”, and only 10% answered “yes”.

In your opinion, does the existing legal framework take into account the geopolitical risks of opening the agricultural land market? 46% answered “yes”, 21% - “no”.

In your opinion, does the existing regulation create risks of monopolization of the agricultural land market by big business? 61% of respondents answered “no”, 18% - “yes’.

90% of respondents rated the level of existing business confidence in sectoral regulation and the first steps in this area from medium to high.

53% of respondents had no practical experience in applying the new regulation of the agricultural land market.

72% assessed the level of communication with the central and local authorities on land transactions in the first months after the launch of the market from medium to high.

Among the biggest problems of law enforcement practice in the format of the current regulation of the agricultural land market, respondents identified three key ones:

-          control of owned land, accounting for restrictions (formation of databases, data exchange between registers, determination of beneficiaries of land purchase companies,

-          delays with by-laws,

-          problems of notarization of purchase and sale agreements.

For more information about the second day of the Conference, please visit the link (in Ukrainian).

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