Ukraine’s leading lawyers about our land act

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Our team wants you to familiarize yourself more with what the leading lawyers of Ukraine say about our land act.

What is the termination of the right of possession, if the landowner, who has a permanent possession of the land plot, but cannot have it on such a right, has not re-registered the right to the land plot?With the adoption of the new Land Code of 2001, the regulation of the legal title of the right of permanent occupancy of a land plot has undergone changes. Having sounded the list of subjects who can acquire the right of permanent possession, the lawmaker has now recognized the share of landowners who have already acquired this right. Paragraph 6 of the Transitional Provisions of the Land Code of 2001 establishes that “citizens and legal entities that have permanent possession of land plots, but under this Code can not have them on this right, are obliged to re-register in the prescribed manner the right of ownership or the right to lease them before June 1, 2008”.In the Decision of the Constitutional Court of Ukraine No. 5-rp/2005 dated 22 veresnya 2005, the Constitutional Court made a number of important conclusions, which ensure the smooth exercise of the right of permanent ownership by those landowners who are not included in the list of persons defined in Article 92 of the Land Code of 2001. In particular, the Court stated that Article 92 of the Land Code of 2001 does not limit or reduce the current right of permanent possession of land plots acquired by citizens in the cases established by law. Previously issued state assets for the right of permanent possession of land remain valid and are subject to replacement in the case of voluntary request of persons (Decree of the Cabinet of Ministers of the Cabinet of Ministers of the 2nd quarter of 2002, No. 449 (valid until June 23, 2013). Nowadays, the abovementioned statement of the CCU has found its reflection in low laws and court practice, in various formulas, namely:

  • Recurrent rights to immovable property and their encumbrance, which have arisen before June 1, 2013, shall be recognized as valid, in particular, if the registration of such rights was carried out in accordance with the earlier existing legislation (part three of Article 3 of the Law of Ukraine “On State Registration of Rights to Non-Residential Property and its Attractions”);
  • documents certifying the right of ownership or the right of permanent possession of a land plot, issued before the enactment of this Law, are valid (paragraph 10 of Section VII of the Law of Ukraine “On State Land Cadastre”);
  • Article 92 of the Land Code of 2001 does not limit or reduce the right of permanent occupancy of land plots acquired by persons in the cases established by law as of January 1, 2002 (paragraph 2.7. of the Decree of the Plenum of the Supreme State Administrative Court of Ukraine No. 6 dated January 17, 2011);
  • the right to use the land plot shall not be lost as a result of its non-renewal by the enterprise, but is retained by it until the rights and obligations in relation to such land plot are brought in compliance with the requirements of the current legislation (Decree of the Supreme Court of Ukraine of 26 November 2011 in Case No. 6-14tsc11, Decree of the Supreme Court of Ukraine of 17 January 2015 in Case No. 924/1180/14).

Thus, the right of permanent occupancy of a land plot acquired by a person in accordance with the procedure established by law in accordance with the legislation in force at the time of acquiring the right of permanent occupancy, shall not be lost or terminated even if a person who cannot acquire such right under the applicable law does not reissue this right to another legal title. The right of permanent occupancy shall be retained and shall be valid until the rights and obligations with respect to such land plot are brought into compliance with the requirements of the law and the re-registration of the right of permanent occupancy as a right of ownership or lease.Accordingly, the documents certifying the right of permanent occupancy of the land plot (state assets for the right of permanent occupancy of land), issued in accordance with the legislation that was in force earlier, are valid and remain in force.
In view of this, landowners who have reorganized or who have not re-registered the right of permanent occupancy of land plots for the right of ownership or the right to lease, may now, without fear, continue to occupy the land plots given to them for permanent occupancy.
Authors of the article: Oleg Kachmar, Oleksandr Plachinta
Jerelo: Vasil Kisil & Partners

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