Who owns the natural resources in Ukraine

whether the land belongs, minerals and other natural resources of the people of Ukraine?

Material taken from the Site Ukrainian Pravda

Thursday, 14 Martha 2019, 13:00

SERGEY FORTY
Sergey forty (sergii soroka)
эксперт Foundation for Future

 

According to article 13 Constitution of Ukraine “Land, its subsoil, free air, water and other natural resources, located within the territory of Ukraine, natural resources of its continental shelf, exclusive (nautical) economic zone are objects of property rights of the Ukrainian people.

On behalf of the Ukrainian people, the owner's rights are exercised by bodies of state power and local self-government bodies within, determined by this Constitution “.

What it does belong to the people? How is the right of ownership, use and disposal of land, subsoil and other natural resources, that, according to the Constitution, It belongs to the people? And effectively the state authorities and local self-government exercise the rights of the owner in favor of the owner himself?

The answers to these three questions: Nothing, no way, no .

Unfortunately, article 13 constitution (as well as many other rules) It is declarative, and the state in the face of both the legislative, and the executive branch does not care about the performance of the provisions of the Constitution.

Ukraine, which takes 0,4% Earth's land area and is home 0,8% the world's population, It has in its bosom 5% mineral resource potential of the world.

AT 2018 year rentnaya fee and payment for the use of natural resources to the state budget of Ukraine amounted to 45000000000 hryvnia, or 4,88% state budget revenues as a whole. Or about 1000 hryvnia per year per citizen !

Another question – how effectively the state spends even these funds for the benefit of the owner (people)? And why are these funds “eaten away”, rather than spend or accumulate in favor of those, one of these natural treasures is actually removed (nature and future generations)?

I can not answer immediately: inefficiently, because we are his children and grandchildren leave the country in debt, which is constantly growing – we already have almost 2000 dollars debts for every citizen of Ukraine ! It's a debt, we recklessly passed on to their children and grandchildren.

And nature and natural resources are only devastated. for instance, for the last 100 years the amount of humus in our best black soils in the world halved . And Ukraine, which back in the 50s-70s was exporter natural gas, in the late 90s – in the 2000s, it has become one of Europe's largest importers.

The next question: how the state, on behalf of the people exercise the right of ownership on natural resources, It is acting on behalf of the owner, setting the rent payments for the use of natural resources?

There is an interesting example. how notes public organization director “European think tank” Basil Golyan, Only an increase in rates rent for natural gas has increased the revenues of the consolidated budget of the rent in comparison to 2008 year in 27,7 fold compared to 2013 year – six times (2003 year – 522 million, at 2008 – 1127 million, at 2013 – 5167 million, at 2016 – 31 271 million)!

Why is this an example of the state does not spread to other minerals and natural resources?

The fact, that the share of the rent for natural gas production is more 75% All rental payments to the consolidated budget as a whole! And Ukraine also has unique deposits of iron, manganese and uranium ores, aluminum ores, of rare earth metals, oil and gas condensate, kaolin, salt, limestone, cement raw materials, Cham construction, And Ukraine also has unique deposits of iron other .

And Ukraine also has unique deposits of iron material Gaulle And Ukraine also has unique deposits of iron: “In mineral-rich countries, especially for hydrocarbons, mineral resources rent is an important factor in favor of the state supplement the financial assets and certain territories.

Also, every citizen of the country receives a part of the mineral resource rent.. In Ukraine, from the very beginning of the introduction of fees for the special use of natural resources, the withdrawal of mineral resource rent has been and is happening contrary to all the textbook rules of fiscal regulation of mining “.

In Ukraine “Oligarchs from ores and other minerals” We created a vertically integrated company, that produce and sell raw materials themselves dumped, and revenues from the sale of finished products “hide” on the accounts of offshore companies.

“Attempts by some MPs, scientists and public figures on the adequacy of the real cost of the extracted mineral the rent encounter stiff resistance” oligarches from ore “and” gas oligarchs “.

Ie public authorities (parliament and executive authorities) by and large do not work in favor of the owner of the mineral resources (Ukrainian people), and in favor of the owners of financial and industrial groups (oligarchs).

estimated, if for mineral extraction levied fair rent, the total amount of rent payments would amount to not less than 200-300 billion hryvnia per year.

Ukrainian people under the Constitution, is the owner of a unique asset – earth, which can neither use, nor dispose of. nor dispose of “on behalf of the Ukrainian people's rights of the owner carried out bodies of state power and local self-government bodies within, determined by this Constitution “, our Constitution, neither Ukrainian legislation does not provide for such delegation of ownership arrangements.

Unfinished land kadastruvannya, ie the owner (Ukrainian people) until the end did not even know, he owns? So, with 25 million. Land tenure, accrued in Ukraine, in the land registry as there is information only about 17 million sites , He writes

Head of Department of land use planning of the National University of Life and Environmental Sciences of Ukraine Andrei Martin.

In the absence of a land market (in terms of use), the price of agricultural land is very undervalued in Ukraine.

In Ukraine 2017 nor dispose of 1369 hryvnia (41 euro), whereas, eg, in the Czech Republic – 96 euro, In Bulgaria – 225 euro, in Austria – 348 euro.

Now the average estimated cost of the regulatory one hectare of land in Ukraine is 27,5 thousand. Grn, that is about 840 euro, whereas in Europe from 5-6 thousand. Euro per hectare (Czech Republic and Bulgaria) to 100 thousand. euro (in Italy and Spain). nor dispose of, eg, the minimum price per hectare of arable land is 14 thousand. euro.

I do not support the introduction of the so-called “free” the land market in Ukraine and believe, nor dispose of instructions land should remain with the Ukrainian people, but the free market of law must be involved responsible use earth.

But for this to be established institutions, are actually on behalf of and in the interests of the people and future generations will be installed “rules of the game” in this market.

But the introduction of any of the land market is blocked and will be blocked “the oligarchs from the ground”, because they pay for land rent 41 euro per hectare (in Ukraine) and 225 euro (as, eg, In Bulgaria) – this “two big differences “.

And if the rent (land tax) for the use 42 millions of hectares of agricultural land in Ukraine will be 1% its real value (5-10 thousand. Euro per hectare), the total amount of rent payments in general (the budgets of communities and the state, Special Fund etc.) would amount to at least a year two billion euros , or more 60000000000 hryvnia!

Taking into account also, what State owned more 10 million hectares of agricultural land in Ukraine, then the rental rate 225 euro per hectare (in Bulgaria) the state should get even 2250000000 the euro against the budget (or a separate fund), that is even more 60000000000 hryvnia .

so, summing fair year rent for the extraction of minerals and for the use of agricultural land, leave totaling plus / minus 400-500 billion hryvnia per year. That is, no longer 1000 hryvnia on the Ukrainian citizen, and about 10 000!

And this – not socialism or populism. it – normal practice developed and truly democratic countries in the world.

A separate question: like us (Ukrainian people) You should dispose of the rent (if we can take it from the oligarchs in their favor)?

In my opinion, these funds should serve as the, who we take these resources – nature and our next generations, but not “eat away” through the state or local budgets.

And so we “eaten” enough resources at the expense of our children and grandchildren. And part of this rent must be returned to nature for, we took her, as the recovery or reclamation, forests, rivers, landscapes, etc..

Another part of the rent, in my opinion, should be charged annually to the special account of each child in Ukraine, that it will be able to spend on their own development (training, etc.. – “money follows the child”), or – pass on to their children.

And finally, a rhetorical question, who should be rent from the use of natural resources, which according to the Constitution belongs to the people of Ukraine – all of our children or the children of oligarchs?

Sergey Soroka, especially for the UP