Ukrainian legislation clearly regulates how the lease of agricultural land should be formalized. Depending on the forms of ownership of the leased land plots, various procedures for registering the rights of use are provided and a list of conditions and documentation necessary for this is provided.
Before entering into a lease, tenants pay attention to many aspects. After clarifying the legal status of the plot, they must take into account whether the land is in permanent use or is leased. At this stage, documents of title are checked, which confirm the ownership or use of the plot. Further, the terms of the contract are developed, which is registered with the state registrar. A prerequisite for registering a lease right is that a land plot must be formed, since in its absence in the State Land Cadastre, such registration is legally impossible.
A land lease agreement is an agreement of two parties on the temporary use of a land plot for a fee, and its parties are the owner of the plot / authorized person and the tenant who is allowed to acquire the lease right. The term of the contract is determined by agreement of the parties, and the basis for its conclusion is the decision of the lessor. The law establishes a number of essential conditions of the land lease agreement, which must be present in it. This is the object of the transaction, indicating the cadastral number, size and location, the term of the agreement and the amount of the lease payment, indicating the methods of its payment. The absence of any of these points is the reason for the recognition of the contract as invalid and refusal to register the transaction with the state. Also, when concluding a contract, attention is paid to the terms of its termination and special provisions for specific types of land leases.
The land department of the agricultural enterprise works with such contracts on a daily basis. During their registration, it has to change the initial data, edit the details or essential conditions, the price of an error in which may be too high for both the tenant and the lessor. It is not easy for the head of the farm, to whom these contracts are submitted for signature — he needs to be sure that everything is correct in them, and the employee, due to oversight or ignorance, did not delete any item from the document or did not add a new one at his discretion.
The Soft.Farm team has improved the work of the cadastral module and added the function of automatic creation of a lease agreement according to a previously prepared template. All attributive information on land plots is pulled from the system, so there is no need to fill it in manually. The details of the parties to the agreement are prescribed for each individual counterparty, and in the absence of any values in the parameters for generating the agreement, the web service offers to fill them in. This function simplifies the work of the land department, since there is no need to re-type information every time. It implements the translation of digital values of the normative monetary value and the amount of rent into text, and also has the ability to edit already created contracts, create new ones and generate several templates for different types of contracts or contracts with different conditions.
The essence of the function is not only to simplify the work, but also to minimize errors during the signing of agreements. The contract template is checked by lawyers and uploaded to the web service. If no changes have been made to it, a company watermark is placed on it, confirming that the contract has been printed from the system and the responsible employee has not added anything from himself. This allows the leader to pay attention only to individual parameters, and not to double-check each item during signing. If necessary, you can export the contract template to a Word file and make all the necessary changes there.
The cadastral module Soft.Farm is not only a visualization system. It contributes to the construction of electronic document flow and is aimed at ensuring that a competently drawn up agreement is a guarantee of stable and good faith relations between the parties and protects each of the participants from various kinds of abuse, force majeure and unforeseen events.