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Are land rights preserved after the repeal of the Commercial Code of Ukraine? Risks for the right of permanent use

author: Viktoriia Minets

17 March, 2025 Exclusive

The article discusses the implications of abolishing the Commercial Code of Ukraine under the new law, which took effect on February 28, 2025.

Key Points:

Reorganization:


  • Some organizations previously governed by the Commercial Code must reorganize by August 28, 2028.

  • Entities must update their statutes and internal documents to comply with the new law.

  • Reorganization involves transforming into limited liability companies or other forms specified by current legislation.


Impact on Land Rights:

  • Ownership and lease rights to land will transfer to successors after reorganization.

  • Permanent land use rights for successors of state and communal enterprises will convert to lease agreements (50 years for state enterprises, 5 years for communal enterprises).


Risks for Private Enterprises:

  • Private enterprises may lose permanent land use rights after reorganization.


The full version of the article is available in Ukrainian by the link.

 

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