Clause 8 of the Law of Ukraine "On Land Lease" regulates issues of the land sub-rental and provides, that the rented plot of land or a part of the same can be sub-rented without changing the designation of such land plot, if this right is directly stipulated in the land rental contract or if there is the written consent of the renter. However if the renter will not submit his written consent or objection, the rented land plot or a part of the same can be sub-rented by the initial tenant.

Terms and conditions of sub-rental contract should be in accordance and not contradicting with terms and conditions of the principal land rental contract.

Duration of sub-rental cannot exceed duration of the principal land rental. If the principal land rental contract is terminated, then the sub-rental contract considered to be terminated too. The sub-rental contract for a land plot also requires the state registration and can be notarized if parties of the same are desirous to do so.

Clause 9 of the Law of Ukraine "On Land Lease" stipulates the preferential right of the tenant to acquire the land plot.

Clause 24 of the Law of Ukraine "On Land Lease" provides the list of rights and duties of the renter as follows:

a) the renter has the right to require from the tenant:
- to use the land plot in accordance with its designation and the land rental contract;
- to observe requirements as concerning the ecological safety of the land and retaining fecundity of the land, to follow the state standards, norms and rules;
- to pay the rental payments timely;

b) the renter is obligated:
- to transfer the land plot for enjoyment of the tenant in condition, which meets terms and conditions of the land rental contract;
- to ensure and protect the third-parties rights as concerning the land plot;
- to make no obstacles for the tenant to use the land plot;
- to warn the tenant about special characteristics and defects of the land plot, etc.

Clause 25 of the Law of Ukraine "On Land Lease" provides the list of rights and duties of the tenant as follows:

a) the tenant of the land plot has the right:
- to use the land plot on its own discretion however in accordance with terms and conditions of the land rental contract;
- to construct residential, production, household, leisure and other buildings and constructions and to grow perennial plant on the lend if appropriate written consent of the renter is available.
- to get fruits and income;
- to construct water and reclamation constructions on condition that appropriate written consent of the renter is available.

b) the tenant is obligated:
- to start using the land plot within terms provided by the land rental contract, which is duly registered;
- to honor the existing restrictions as concerning the land plot;
- to honor designation of the land lot;
- to submit a copy of the land rental contract to appropriate state tax body within five calendar days starting from the moment of state registration of the same, when such submission is required.

Requirements as concerning the required form of the land rental contract are provided by clause 14, 18 and 20 of the Law of Ukraine "On Land Lease". The land rental contract is to be made in written form with subsequent state registration and notarization (the last one is to the discretion of the parties). The land rental contract becomes valid at the moment of the state registration of the same.

There is the standard form of land rental contract adopted by the Cabinet of Ministers of Ukraine as well, however clause 15 of the Law of Ukraine "On Land Lease" also provides the essential terms and conditions of the land rental contract as follows:

- the rented property (dislocation and area of the land plot);
- duration of the land rental contract;
- rental payments (also honoring appropriate provisions of the Law of Ukraine "About the land fee"): amount, indexation, methods of payment, terms of payments, etc.
- designation of the land plot and terms of use of the same;
- terms of the state continuance of the rented property;
- terms and conditions of transferring the land plot to the tenant;
- terms of returning the land plot to the renter;
- the existing restrictions (encumbrances) as concerning use of the land plot;
- liability of the parties.

The following documents are considered to be a part of the land rental contract and to be attached to the same:

- a plan or a layout of the land plot, which is rented;
- a cadastral plan of the land lot with indication of restrictions (encumbrances);
- an act of identification of boundaries of the land plot;
- a statement of transfer and acceptance of the land plot;
- a project of land allocation, when it is required by the law.

The land lots, which are owned by the State or municipality, are to be rented using the public action procedures. This rule is provided by clause 16 of the Law of Ukraine "On Land Lease". However this rule is not applied to the land plots, whereon located the real estate objects belonging to citizens or corporate entities.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

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