Legislation about buying and selling real estate

According to legislation of Ukraine and Autonomy Republic Crimea any citizen who reach majority age and have Ukrainian passport could buy property, plot which is on the territory of Ukraine.

Citizens of CIS have an opportunity to change their property for any property in any region of Ukraine.

Citizens of far-abroad for buying the property must get in embassy of Ukraine residence permit. These conditions are also for citizens of Baltic.

While buying property on the territory of Ukraine registration does not pay any role. Buyer has a right to buy several objects of property (houses or flats) on the territory of Ukraine, the basis for the right of registration is the purchase and sell contract.

After conducting the purchase and sell contract, new owners made a contract between them about an order of usage the property which is notary assured.
There is no difference between tax payment of property for Russian and Ukrainian citizens. It is also concerned to rent land and land which is in a private property.

Purchase and sell of the object of property is the most popular way of transference the right of property.
Article 227 of the Civil code of Ukraine is foreseen the notary form of such contract if one of the parties is a citizen. Ministry of justice Ukraine, agencies of notary compare to residential house about which is talking in this article of CCU, also flats and other objects of property.

Except notary the right of forming and register of objects of property have also commodity exchange. This right they have by the Law of Ukraine from 10.12.91 “About commodity exchange”. It is said that exchanges have a right only for forming purchase and sell contracts and then it does not need to be assured by notary. While notary assures or exchange registration it is necessary to obey art.23 and art. 145 of Code about Marriage and Family and art. 114 Civil code of Ukraine. Also agreement in written form of wife/husband, permission of agencies of guardianship for sale, it is required only in those cases when child (children) is written like an owner in any title documents. But it does not required if he is not an owner but just registered there. According to 114 CC of Ukraine, neighbors have a right of purchase of selling share. You should know that refuse from such right you should take only from neighbors of owner but not from renters. The list of owners-shares is written in certificate-characteristic BTI.
Exchange the property is the second way of transferring right of property. Contract of exchange could be assured by any notary and registered on stock exchange. While conducting contract of exchange you should follow the requirements art. 23 and 145 of Code about Marriage and Family but art.114 CC Ukraine – no.

Deed of gift is one more way of transference the right of property. Deed of gift could be assured only by notary and could not be registered on the stock exchange. While making the deed gift contract rules of art. 114 CCU do not use. According to the article 146 of Code about Marriage and Family, representatives of minor children do not have a right to make deed of gift on behalf of them.

Contract of permanent alimony – the way of transference of property. It has number of peculiarities. Contract could be assured as state as private notary. Object could be sold in case if a person who hand over it as a property, has died.

Receiving an object as a property by inheritance. The document about right of the property is a certification about the right for inheritance by the law which is given after 6 months from the day of death of testator only by state notary agency or council institution of Ukraine abroad.
There are inheritances by the law and by will. Right for inheritance by the law has first of all in equal parts children, wife/husband and parents. Grandchildren and great grandchildren have a right for inheritance if parents are not longer alive. If there is no heirs of the first line then or if they do not take inheritance, then in equal parts inherit sisters and brothers and also grandmother and grandfather as from mother and father side. To the number of heir by the law refers disabled people, who was in maintenance of died person not less then a year. They inherit not equal parts with other heirs.

While forming the inheritance by will the right for the must share have minors or disable wife/husband, parents and maintenances, in a 2/3 share, which will be to each of them by law. If there are no heirs I and II line property goes to the country on behalf of local authorities.

Buying the property from public auctions. Selling is going by auction principle by officers of the court. For public sale it needs: advertisement (for 10 days); paying by the buyer 10% cost of property on account of court before auction, participation in auction not less than 2 buyers. In auction could not take part legal persons and authorities, workers of court, lawyers and members of their family. According to results of the auction, is made an act which certifies by judge. On the base of the act buyer should buy the whole sum of the property. The document about right of the property is a certificate about purchase of residential property from public auction, which is given by state or private notary.
Right of the property for disputed property. It could be received in case of solving by court which is title document. Decision of the court could be: about separation of disputed property, about adjudgment of property to one of disputed parties, about divestment of rights of property of someone and acknowledge the right of property for anyone.
While disposal of dispute and purchased property are used art. 145 of Code about Marriage and Family and art. 114 CCU, and rules of art. 23 of Code about Marriage and Family do not use.