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27 Property rights are rights over things enforceable against all _____ persons.

a) others b) other c) another d) any

28 In relation to the sale of land, for example, two sets of legal relationships exist alongside one ______ .

a) others b) other c) another d) one

29 A ______ reason for the distinction is that legislation is often drafted employing the traditional terminology.

a) important b) next c) farther d) further

30 _______ usual way of acquiring an interest in property is as the result of a consensual transaction with the previous owner

a) The most b) A most c) The more d) A more

31 Buyers may buy an insurance policy on the property for 1% _____ their real estate agency.

a) from b) of c) on d) for

32 A surety may be provided ______ one person or several persons.

a) for b) by c) into d) among

33. A mortgage may be imposed ______ the basis of agreement, court decision or law.

a) after b) at c) of d) on

34. But I must point ______ that there are some significant exceptions.

a) out b) through c) on d) at

35. It deals _______ the question of who’s allowed to buy real property in Ukraine.

a) on b) about c) with d) of

36 A court resolves the dispute ______ adjudicating the priorities of the interests.

a) with b) by c) within d)on

37 Consequently, reformers have emphasised the need to assess residential tenancy laws _______ terms of protection they provide to tenants.

a) for b) on c) in d) under

38 Property law is characterised by a great deal _______ historical continuity and technical terminology.

a) of b) with c) for d)on

39 A separate distinction is evident where the rights granted are insufficiently substantial to confer ______ the non-owner a definable interest or right in the thing.

a) upon b) for c) among d) on

40 Dispositions by will may also be regarded ______ consensual transactions

a) like b) on c) as d) for

Task 3 Match the terms in column A with their Ukrainian equivalent in column B

41) Premises

a) a specific type of pledge that may be created, inter alia, over land or buildings.

42) Alienation

b) is someone who receives permission to enter another person’s property temporarily.

43) A deed

c) is someone who leases or rents property from a landlord.

44) A grantee

d) property that has physical substance and can be touched; anything other than real estate or money, including furniture, cars, jewelry

45) Mortgage

e) land itself or the land with all structures attached residential buildings and yards

46) Tangible property

f) is someone who acquires an interest in property from another by deed or other written instrument.

47) Land

g) land, including all the natural resources and permanent buildings on it

48) A licensee

h) title to a property from one owner to another

49) Real estate

i) the act of transferring property or title to it to another

50) A tenant

j) the face of the earth and everything of a permanent nature over or under it, including minerals, oil, and gases, in modern usage

T.3

Social guarantees under the Constitution and the Labor Code of Ukraine.

The minimum wage is the lowest compensation allowed by law for simple, unskilled work. On January 1, 2002, the minimum wage in Ukraine was UAH 140, and as of July 1, 2002, it was raised to UAH 165. The minimum wage does not include any additional compensation payable to an employee.

Overtime and holiday work must be compensated at a double rate. Night work is compensated at an increased rate as provided by corporate, regional or general collective agreements. Such additional compensation may not be less than 20 per­cent of the regular hourly rate.

Ukrainian labor law provides for an annual vacation of at least 24 calendar days. Generally, aggregate annual paid vacation time, including the annual vacation and any additional vacations, may not exceed 59 days (69 days for mine workers).

Ukrainian labor laws grant female employees a "social vacation" for purposes of pregnancy, childbirth and child-care.

Under the Constitution and the Labor Code, all Ukrainian citizens have equal employment and labor rights regardless of race, color, political, religious-or other beliefs, gender, national or social background, financial status, or language. The Labor Code and other laws also provide protection and special employment and labor rights for working women, minors, students, senior citizens and disabled individuals.

An employer having 15 to 25 employees is required by law to establish an employment position for one disabled person. An employer that has more than 2 5 employees is required to hire disabled persons in a number equal to 4 % of the total number of its employees.

Both the Labor Protection Law and the Labor Code contain provisions relating to occupational safety and health protection.

Under the new system, employers contribute to the Social Insurance Disability Fund, from which workers' compensation claims are paid. Employers' contribu­tions to the fund are established by law based on their payroll and the level of risk assigned to the employer's business. The fund provides the following types of finan­cial aid as workers' compensation: compensation for temporary disability until recovery or proof of permanent disability; lost wages because of permanent disability; pension because of permanent disability and others.

All Ukraine's employers and employees currently participate and contribute to the Pension Fund. The standard pension amount is 55 % of the employee's aver­age salary received by the employee 24 months immediately preceding the retirement date or during any 60 consecutive employment months, whichever is greate. The retirement age for men is 60 years and for women 55 years.

An employer must contribute 32 % of its monthly payroll to the fund, based on a maximum monthly gross wage of UAH 2,200 per employee.

Employers and employees must contribute to the Social Insurance and Unemployment Funds.

T.4

Mychajlo's seminar presentation

OK, I'll move on now to my next point. And this one is particularly important for potential investors in real property. It deals with the question of who's allowed to buy real property in Ukraine. Generally, both residents and foreigners are allowed to buy and sell property. Individuals and legal entities (by which I mean companies) are also permitted to do so. But I must point out that there are some significant exceptions.

The most important exception concerns agricultural land, or farmland, which foreigners are not allowed to own. This includes foreign entities. Even joint ventures, where Ukrainians and foreigners cooperate together, cannot buy farmland. And if a foreigner inherits agricultural land, he or she has to sell it within a year. So, it is not possible for foreigners to own farmland. Let me stress that although foreigners can't own farmland, they are allowed to lease it. And this also includes business entities.

The situation with non-agricultural land is quite different. In this case, it is possible for foreigners, either individuals or companies, to have ownership rights to land within or outside settlement boundaries. But I should stress that this is only under certain circumstances. These circumstances include, for example, if a foreigner or foreign entity buys buildings or other structures on the land. They are also permitted to have ownership rights to land if they want to build facilities for the purpose of carrying out business in Ukraine. So, if they plan to do business and buy existing facilities or construct new facilities for business, they may have certain ownership rights to land.

Now, let's turn to a very important point: the circumstances under which foreign ownership of land in Ukraine is possible. By this, I mean simply ownership of land itself, and not facilities on the land for doing business. A common way is for a foreign company to buy shares in a Ukrainian company that owns land. Many foreign companies take advantage of this indirect way of acquiring a right to land.

36

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