Reform Index 161: “Land” Decentralization and Recognition of Qualifications Obtained Abroad

Reform Index 161: “Land” Decentralization and Recognition of Qualifications Obtained Abroad

7 July 2021
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Reform Index is +1.1 points for the period from May 24 to June 9, 2021, with possible values ranging from -5.0 to +5.0. In the previous round, the index was +0.6 points.

Chart 1. Reform Index Dynamics

Chart 2. Reform Index and its components in the current round

Law on land decentralization, +2.5 points

Law 1423-IX of April 28, 2021, aims to solve a number of problems in the field of disposal and use of land.

Previously, the amalgamated territorial communities (hromadas) could only dispose of land within their settlements. Land that was not privately owned and located on the hromadas’ territory outside cities, villages or towns was owned by the state.

The law changes this and gives hromadas the right to dispose of land outside of their settlements. Such land is transferred from state ownership to communal ownership, with the exception of:

  • land used by public authorities, state-owned enterprises, institutions, and organizations on a permanent basis (forestry and water management companies, institutions of the National Academy of Sciences of Ukraine and national academies),
  • defense land,
  • natural reserve,
  • exclusion zones and areas of resettlement (due to the Chernobyl disaster),
  • land under state-owned buildings and structures,
  • land under the engineering infrastructure facilities of national reclamation systems.

The decision to transfer communally owned land to private ownership now requires the support of at least two-thirds of the votes of the members of a local council (previously, half the votes). Local authorities will also control the intended use of land and give permission to change the designated purpose of especially valuable land (previously, such decisions required the approval of the CMU and Parliament).

The law also simplifies the rules for producing and approving land management documents.

“Although this is a change with crucial meaning for hromadas, I see one problem remaining. There is still left the possibility of giving land away free of charge. The whole scheme that allowed huge landowners to unethically gather huge resources of land will remain intact. Only after the very possibility of giving the land away for free is removed, situation is going to be sorted out. If hromada has a vital interest to cede the land for some important purpose – new fire station for example, low price long term rent is a solution.”

– Piasecka Agnieszka, Freelance Consultant

Decree on recognition of professional qualifications obtained in other countries, +2.0 points

By CMU decree No.576 of June 2, 2021, the Government determined the rules for recognizing professional qualifications obtained in other countries. Those who have studied abroad will be able to confirm their qualification and be officially employed. These rules are a step toward harmonizing the Ukrainian system of qualifications with the European system and meet Ukraine’s commitments under the European Union–Ukraine Association Agreement.

Chart 3. Value of Reform Index components and number of events

Reform Index aims to provide a comprehensive assessment of reform efforts by Ukraine’s authorities. The Index is based on expert assessments of changes in the regulatory environment in five areas:

  1. Governance
  2. Public Finance
  3. Monetary system
  4. Business Environment
  5. Energy

For details please visit reforms.voxukraine.org

Authors

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