Особливості використання права переважної купівлі земельної ділянки сільськогосподарського призначення, що знаходиться в оренді

The article examines the features of the use of the preemptive right to purchase a leased agricultural land plot through the prism of its civil nature and the practice of its application in the conditions of the functioning of the land market. It is shown that the preemptive right is not a self-sufficient right, but arises from the already existing legal status of the property owner (in particular, from the right of use or ownership). Taking into account this connection allows us to more precisely outline the grounds for the emergence of the tenant’s preemptive right, provided that it is actualized and the limits of its application during the alienation of the land plot. The legislative changes introduced by the Law of Ukraine No. 1423-IX are analyzed, which significantly detailed the procedure for ensuring the preemptive right in the alienation of agricultural land, which became especially relevant after the abolition of the moratorium and the introduction of free circulation of land. The main attention is paid to the mechanism enshrined in Art. 130-1 of the Land Code of Ukraine, in particular the conditions for the emergence of a preemptive right, the order of subjects (subsoil user as the first priority and tenant as the second), the notification procedure, the role of the notary, the terms of implementation and the legal consequences of inaction, which is actually equivalent to the waiver of the right. The significance of registering the intention to sell in the State Register of Real Rights as a key procedural element on which the appropriateness of the procedure depends is revealed. The possibility of transferring a preemptive right to another subject in the presence of legislative restrictions for the primary carrier, the requirements for the registration of such a transfer and its one-time nature are separately highlighted. The impact of martial law on registration procedures is analyzed, in particular the possibility of state registration of rights regardless of the territory of the property in certain regions. It is concluded that the effective implementation of the tenant’s preemptive right depends on the maintenance of formalized procedures, consistency of registration data and proper notarial support, which together ensure a balance of interests of the owner, tenant and other acquirers.